Allahabad High Court
Rajan Singh And 3 Others vs State Of U.P. And Another on 1 October, 2015
Bench: Ramesh Sinha
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 53
Case :- APPLICATION U/S 482 No. - 29478 of 2015
Applicant :- Rajan Singh And 3 Others
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Jai Narain
Counsel for Opposite Party :- Govt. Advocate
Hon'ble Ramesh Sinha,J.
Heard Sri Jai Narain, learned counsel for the applicants, and Sri Nikhil Chaturvedi, learned AGA appearing for the State and perused the record.
This application has been filed for quashing the entire criminal proceeding of Misc. Case No. 1076 of 2014, arising out of Case Crime No. 397 of 2013 (Yadu Nath Singh Vs. Rajan Singh and others), under Sections 498-A, 304-B IPC, and3/4 D.P. Act, Police Station Jaithara, District Etah, initiated before the learned CJM, Etah, and also prayed for quashing the orders dated 24.08.2015 and 07.01.2015.
It appears from the cases of the fresh list that the applicants have already approached before this Court by means of filing the application under Section 482 Cr.P.C. No. 6997 of 2015 (Rajjan Singh and 3 others Vs. State of U.P.), against the order taking cognizance and summoning them, vide order dated 07.01.2015 by the Chief Judicial Magistrate, Etah for the offence in question, and this court vide order dated 23.03.2015 has dismissed the same.
It appears that thereafter the applicants have preferred a revision before the lower revisional court against the same very order dated 07.01.2015, passed by the Chief Judicial Magistrate, which was dismissed by the lower revisional court vide order dated 24.08.2015, passed in criminal revision no. 53 of 2015, against which the present application has been filed by the applicants. A copy of the same is being filed as annexure no.10 to the affidavit.
Learned AGA has pointed out that applicants have filed the criminal revision no.53 of 2015 before the lower revisional court, concealing the material of fact that they have earlier approached before this Court by means of filing the application under Section 482 Cr.P.C. No. 6997 of 2015 (Rajjan Singh and 3 others Vs. State of U.P.), against the order taking cognizance and summoning them, vide order dated 07.01.2015 by the Chief Judicial Magistrate, Etah for the offence in question, and this court vide order dated 23.03.2015 has dismissed the same, and the said act of the applicants is misuse of process of law, to which the learned counsel for the applicants submits that he could not aware about the earlier 482 application filed by the applicants, and could not gave the satisfactory explanation of the same.
Considering the fact and circumstances of the case, and conduct of the applicants for not disclosing the earlier filing of the application under Section 482 Cr.P.C. No. 6997 of 2015 (Rajjan Singh and 3 others Vs. State of U.P.), against the order taking cognizance and summoning them, vide order dated 07.01.2015 by the Chief Judicial Magistrate, Etah for the offence in question, which was dismissed by this Court vide order dated 23.03.2015, in filing the criminal revision no.53 of 2015 before the lower revisional court, which was also dismissed by the lower revisional court vide order dated 24.08.2015, and again the applicants have filed the present application against the order taking cognizance and summoning them, vide order dated 07.01.2015 by the Chief Judicial Magistrate, Etah, for the offence in question and order dated 24.08.2015, passed by the lower revisional court. The act of the applicants is misuse of the process of law, and the present petition is dismissed on the this very ground of concealment, with the cost of Rs.20,000/-, which shall be recovered from the applicants in equal proportionate within one month from today, and same shall be paid to the informant of the case, the opposite party no.2.
If the applicants fail to deposit the fine as directed above, the same shall be recovered as arrears of land revenue.
The Registrar General of this Court shall send a certified copy of this order to the Chief Judicial Magistrate, Etah for its compliance, forthwith.
Order Date :- 1.10.2015/VKG
