Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26562 of 2018 Petitioner :- Sanjay Srivastava Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Bal Mukund Singh,Sanjay Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Bal Mukund Singh, learned counsel for the petitioner and Sri Amrit Raj Chaurasia, learned AGA for the State.
This writ petition has been filed with a prayer to quash the FIR dated 09.12.2017, registered as Case Crime No.0179 of 2017 (State vs. Abhishek Srivastava and others), under Sections 420, 467, 468, 471, 120-B IPC, Police Station- Feelkhana, District Kanpur Shahar.
Learned counsel for the petitioner submitted that one Abhishek Srivastava has taken loan from the United Bank of India, respondent no. 4 and it is stated that the property which was pledged to respondent no. 4 for taking loan, had already been mortgaged by the UCO Bank.
Learned AGA has pointed out that the petitioner has earlier approached this Court and filed Crl. Misc. Writ Petition No.28658 of 2017 for quashing the FIR of the present case which has been dismissed by this Court vide order dated 21.12.2017 but the said fact has not been disclosed by the petitioner in the present writ petition. He further stated that filing of earlier petition by the petitioner cannot be ignored and petitioner was fully conscious about the same, hence some exemplary cost should be imposed on the petitioner.
On a query being made regarding filing of the earlier writ petition, learned counsel for the petitioner 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 and prays that the present petition be dismissed as not pressed.
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 has no knowledge about filing of the earlier petition, hence the present writ petition is dismissed with an exemplary cost of Rs.5,000/- which shall be deposited by the petitioner of the present case, 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.
Accordingly, the present writ petition stands dismissed.
Office is directed to keep a copy of this order along with the record of Crl. Misc. Writ Petition No.28658 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 :- 24.9.2018 AU