Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 13844 of 2018 Petitioner :- Neelam Singh And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajendra Babu Gaur Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Rajendra Babu Gaur, learned counsel for the petitioners and Sri N.K. Verma, learned A.G.A. for the State and perused the record.
This petition has been filed with the prayer to quash the FIR dated 17.3.2017, in case crime no.760 of 2017, u/s 420, 467, 468,, 469, 470, 471 IPC, P.S. Kotwali, district Shahjahanpur.
Learned AGA has pointed out that the petitioner nos.1 to 4 had earlier approached this Court and filed Crl. Misc. Writ Petition No.6089 of 2017 for quashing the FIR which has been dismissed of by this Court vide order dated 20.4.2017 but the said fact has not been disclosed by them in the present writ petition. He further stated that filing of earlier petition by the petitioner nos.1 to 4 cannot be ignored as they were fully conscious about the same, hence some exemplary cost should be imposed on them.
On a query being made regarding filing of the earlier writ petition, learned counsel for the petitioners could not give satisfactory reply for filing of the same and again for filing of the present writ petition. He submits that he was having no knowledge about filing of the earlier petition. He tendered his unconditional apology for again filing the present petition on behalf of the petitioner nos.1 to 4 and prays that the present petition be dismissed as not pressed with regard to them.
The contention of learned A.G.A. appears to have force.
Considering the facts and circumstances of the case, we are of the opinion that it cannot be said that the petitioner nos.1 to 4 had no knowledge about filing of the earlier petition, hence the present writ petition is dismissed with an exemplary cost of Rs.5,000/- on each of the petitioner nos.1 to 4 (total Rs.20,000) which shall be deposited by them within one month from today in the court of C.J.M. concerned which shall be given to the Legal Service Cell of the District, failing which the same shall be recovered as arrears of land revenue.
So far as petitioner no.5 is concerned, we are of the opinion that no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the FIR or for grant of any interim relief to the petitioner no.5.
The present writ petition is accordingly dismissed.
Office is directed to keep a copy of this order along with the record of Crl. Misc. Writ Petition No.6089 of 2017.
The Registrar General of this Court is directed to send a copy of this order to the C.J.M. concerned for its compliance.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 28.5.2018 Gaurav