Allahabad High Court
Brijendra Pratap Singh & Anr. vs State Of U.P. Thru. Secy. Home Lko. & Ors. on 24 July, 2020
Bench: Devendra Kumar Upadhyaya, Narendra Kumar Johari
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 10 Case :- MISC. BENCH No. - 11588 of 2020 Petitioner :- Brijendra Pratap Singh & Anr. Respondent :- State Of U.P. Thru. Secy. Home Lko. & Ors. Counsel for Petitioner :- Abhishek Srivastava,Aditya Pandey Counsel for Respondent :- G.A. Hon'ble Devendra Kumar Upadhyaya,J.
Hon'ble Narendra Kumar Johari,J.
Heard the learned counsel for the petitioners and learned A.G.A. representing the State/respondents.
This petition seeks a prayer for quashing the First Information Report dated 19.11.2018, lodged at Case Crime No.740 of 2018, under Sections 420, 463, 464, 468, 471, 34, 120-B IPC and Section 132 of SGST/CGST Act, Police Station Vibhuti Khand, District Lucknow, so far as relates to heavy goods vehicles No.UP78 BT 7591, UP78 BT 7630, UP78 BT 7581, UP78 CT 2547, UP92 T 0709, UP92 T 0722, UP 92 T 0708 & UP 92 T 0721 Earlier these very petitioners had filed Writ Petition No.7122 (MB) of 2020 with the prayer to quash the same F.I.R. dated 19.11.2018, lodged at Case Crime No.740 of 2018, under Sections 420, 463, 464, 468, 471, 34, 120-B IPC and Section 132 of SGST/CGST Act, Police Station Vibhuti Khand, District Lucknow, which was finally disposed of by this Court vide order dated 06.03.2020 in view of the provisions of Section 41-A of Cr.P.C. Merely by changing the vehicle registration number in the prayer clause, this writ petition, in our considered opinion, would not be maintainable, as earlier Writ Petition, i.e. Writ Petition No.7122 (MB) of 2020 was filed challenging the same First Information Report dated 19.11.2018 lodged at Case Crime No.740 of 2018 at Police Station Vibhuti Khand, District Lucknow.
In view of the above, we are not inclined to interfere with this writ petition. It is hereby dismissed.
Order Date :- 24.7.2020 ML/-