Court No. - 52
Case :- CRIMINAL MISC. WRIT PETITION No. - 10984 of 2021 Petitioner :- Narendra Sahu And Another Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Shiv Bahadur Yadav Counsel for Respondent :- G.A
Hon'ble Vivek Kumar Birla,J. Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the petitioners as well as learned AGA appearing for the State respondents and perused the record.
Present petition has been filed challenging the impugned First Information Report dated 17.8.2021 in Case Crime No. 0382 of 2021, under Sections 307, 506 IPC, Police Station Sipri Bazar, District Jhansi.
Insofar as the present petition is concerned, learned counsel for the petitioners submits that he was not aware of the filing of earlier petition and he came to know about the filing of earlier petition on perusal of list of fresh cases.
Admittedly, present petition being the second petition for the same relief is not maintainable.
Learned counsel for the petitioner submits that it is a case of bona fide mistake as he was not aware of the earlier petition and came to know about the same only on perusal of the list of fresh cases as there was no report of the stamp reporter that this was the second petition and therefore, he prays that present petition may be dismissed as not pressed.
Accordingly, present petition being the second petition stands dismissed as not pressed.
Pursuant to our order dated 29.11.2021, a report dated 2.12.2021 was submitted by the Registrar General of this Court and he was granted further time to submit a detailed report. Today when the matter is taken up, an enquiry report dated 13.12.2021 submitted by the Enquiry Officer along with the report of Registrar General dated 15.12.2021 in a sealed cover has been placed before us.
After perusal of the preliminary enquiry report dated 13.12.2021 in Enquiry No. 22 of 2021 and the report dated 15.12.2021 submitted by the Registrar General, in the interest of working of the institution as well as of the members of the Bar, we find it appropriate that the matter be placed before Hon'ble The Chief Justice for appropriate direction/order.
Accordingly, we direct the Registrar General of this Court to place the enquiry report submitted by the Enquiry Officer as well as his own report along with the record of two petitions before Hon'ble The Chief Justice for suitable direction/order, if deemed fit, for the purpose of implementation of suggestions made by the Enquiry Officer as well as Registrar General, so that suggestions may be executed in the interest of institution and also in the interest of the members of the Bar who at times, genuinely may not be aware of the filing of the earlier petition.
The Bench Secretary is directed to re-seal the report and send the same along with record.
Order Date :- 16.12.2021 Abhishek