Rajesh Singh vs State Of U.P. And Another
2022 Latest Caselaw 18512 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 86
 
Case :- APPLICATION U/S 482 No. - 27304 of 2022
 
Applicant :- Rajesh Singh
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Uday Bhan Mishra,Brijendra Pratap Singh
 
Counsel for Opposite Party :- G.A.,Sarveshwar Singh
 

 
Hon'ble Karunesh Singh Pawar,J.

Heard learned counsel for the petitioner and learned A.G.A. for the State as well as Shri Sarveshwar Singh, learned counsel for respondent no. 2.

By this petition, the petitioner has prayed for the following relief:-

"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present 482 application and quash the order dated 29.08.2017 and N.B.W. order dated 04.05.2019 passed by learned Chief Judicial Magistrat Kannauj, District Kannauj in Complaint New Case No. 2093/2019 (Old No. 2198/2017) (Birendra Pal Singh Va. Rajesh Singh) under section 138 of N. 1. Act Police Station Thathia, District - Kannauj, pending before the Court of Additional District Judge F.T.C. II, Court Kannauj, District - Kannauj, as well as entire proceedings of aforesaid complaint case pending in the Court.

It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceedings of Complaint New Case No. 2093/2019 (Old No. 2198/2017) (Birendra Pal Singh Vs. Rajesh Singh) under section 138 Of N. I. Act Police Station - Thathia, District - Kannauj, pending before the Court of Additional District Judge F.T.C. II, Court Kannauj, District - Kannauj."

Learned counsel for respondent no. 2 at the outset has raised a preliminary objection submitting that the petitioner has not approached the Court with clean hands. He has suppressed the fact that earlier a petition U/S 482 No. 10918/2019 "Rajesh Singh Vs. State of U.P. and two others" which was dismissed vide judgment and order dated 29.03.2019.

Learned counsel for the petitioner could not give any explanation regarding the suppression and concealment done by the present petitioner that earlier a 482 petition has been dismissed.

In view of the above, the petition is dismissed.

On account of concealment of fact by the present petitioner, a cost of Rs. 5000/- to be recovered by the District Magistrate from the petitioner as an arrears of land revenue within three months and shall be deposited before this Court.

Office is directed to communicate copy of this order to District Magistrate concerned.

Order Date :- 22.11.2022

RC