Court No. - 52
Case :- CRIMINAL MISC. WRIT PETITION No. - 12284 of 2021 Petitioner :- Rimjhim And Another Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Irshad Ahmad Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J. Hon'ble Chandra Kumar Rai,J.
Mohd. Shahid, learned counsel has appeared on behalf of the respondent no.4 and filed his Vakalatnama, the same is taken on record.
Heard Sri Irshad Ahmad, learned counsel for the petitioners and Mohd. Shahid, learned counsel appearing for the respondent no. 4 and learned A.G.A. for the State respondents.
Present petition has been filed with a statement that has been made in the paragraph no. 1 to the effect that this is the first Criminal Misc. Writ Petition being filed by the petitioner.
The writ petition has been filed for quashing the impugned first information report dated 01.09.2021 (Annexure No. 1 to the writ petition) registered as Case Crime No. 712 of 2021, under Sections 363, 366 I.P.C., P.S. Kalyanpur, District- Kanpur Nagar. Further prayer has been made not to arrest the petitioner in the aforesaid case.
From perusal of list of fresh cases, we find that a Criminal Misc. Writ Petition No. 10858 of 2020 (Rimjhim And Another vs. State of U.P. And 2 Others) filed for the same cause of action had already been dismissed for want of prosecution by a Co-ordinate Bench of this Court vide order dated 16.12.2021. The order dated 16.12.2021 is quoted as under:-
"List revised. No one is present to press this petition.
Present petition has been filed for quashing the impugned F.I.R. dated 01.09.2021 lodged in Crime No. 712 of 2021 under Sections 363, 366 I.P.C. at Police Station Kalyanpur, District Kanpur Nagar.
Present petition is being shown as a passed over case in the list of fresh cases and on perusal we also find that on the earlier several occasions, the case was passed over and no one came forward to argue the matter.
Accordingly, present petition stands dismissed for want of prosecution."
Sri Sri Irshad Ahmad, learned counsel for the petitioners stated that he was not aware about the filing of the aforesaid petition and prayed that the present petition be dismissed.
We find that the present petition has been filed in the month of December, 2021 itself and was reported on 02.12.2021. Obviously, present petition is second petition filed for the same cause of action and is not maintainable.
Consequently, present petition stands dismissed.
Order Date :- 23.12.2021 Aditya