Allahabad High Court
Nitin Patel vs State Of U.P. And 3 Others on 2 January, 2020
Bench: B. Amit Sthalekar, Shekhar Kumar Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 25714 of 2019 Petitioner :- Nitin Patel Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Surat Patel Counsel for Respondent :- G.A. Hon'ble B. Amit Sthalekar,J.
Hon'ble Shekhar Kumar Yadav,J.
Sri Vijay Singh Rathore files his Vakalatnama on behalf of the respondent no.4 today in the Court. The same is taken on record.
Heard Sri Ram Surat Patel, learned counsel for the petitioner, Sri Vijay Singh Rathore, learned counsel for the respondent no.4 and the learned AGA for the State-Respondents.
The petitioner in the writ petition is seeking quashing of the FIR dated 15.09.2018 registered as Case Crime No.885 of 2018, under Sections 323, 504, 506, 307, 498-A IPC and 3/4 D.P. Act, Police Station Kotwali Orai, District Jalaun as well as G.D. No.46 dated 03.12.2019 in Case Crime No.885 of 2018, under Section 307 IPC, Police Station Kotwali Orai, District Jalaun. The Second prayer is that in pursuance of the FIR he has been arrested even though he had already been released on bail arising out of the same FIR.
The submission of the learned counsel for the petitioner is that the Supreme Court in Special Leave to Appeal (Criminal) No.10179 of 2017 (Manoj Suresh Jadhav and Others Vs. State of Maharashtra has held that if the petitioner had already been granted bail in the same case crime number arising out of same FIR he could not have been taken into custody. In such a case it was open for the State to apply for cancellation of the bail and seek custody of the petitioner-accused.
Sri Vijay Singh Rathore, learned counsel for the respondent no.4, however, informed that against the same FIR the petitioner had earlier filed Writ Petition No.27248 of 2018 (Nitin Patel and Others Vs. State of U.P. and Others) and the said writ petition was dismissed by the Court vide order dated 28.09.2018. The order passed in the said writ petition is reproduced herein below:
"Heard Sri Indra Pal Singh Rajpoot, learned counsel for the petitioners, the learned AGA and perused the impugned F.I.R. as well as material brought on record.
The relief sought in this petition is for quashing of the F.I.R. dated 15.09.2018 registered as Case Crime No. 885 of 2018, under sections 323, 504, 506 307, 498-A IPC and 3/4 D.P. Act, PS Kotwali Orai, District Jalaun.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case. The allegations levelled against them are absolutely false, frivolous and baseless. From a perusal of the FIR, no offence is made out against the petitioners, hence, the same be quashed.
Learned A.G.A, opposed the prayer for quashing of the F.I.R, which discloses cognizable offence.
The Full Bench of this Court in Ajit Singh @ Muraha v. State of U.P. (2006 (56) ACC 433) reiterated the view taken by the earlier Full Bench in Satya Pal v. State of U.P. (2000 Cr.L.J. 569) after considering the various decisions including State of Haryana v. Bhajan Lal (AIR 1992 SC 604) that there can be no interference with the investigation or order staying arrest unless cognizable offence is not ex-facie discernible from the allegations contained in the F.I.R. or there is any statutory restriction operating on the power of the Police to investigate a case.
From the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out. Hence, no ground exists for quashing of the F.I.R or staying the arrest of the petitioners.
The writ petition is, accordingly, dismissed."
In paragraph 1 of the present writ petition there is a categorical averment that this is the first writ petition being filed by the petitioner before this Court against the first information report dated 15.09.2018 registered as Case Crime No.885 of 2018, under Sections 323, 504, 506, 307, 498-A IPC and 3/4 D.P. Act, Police Station Kotwali Orai, District Jalaun as well as G.D. No.46 dated 03.12.2019 in Case Crime No.885 of 2018, under Section 307 IPC, Police Station Kotwali Orai, District Jalaun and that no other writ petition has ever been filed or pending in any court of law except the present writ petition. Para 1 of the writ petition reads as under:
"1. That, this is the first writ petition filed by the petitioner before this Hon'ble Court against the first information report dated 15.09.2018 which is registered as Case Crime No.885/2018 under Section 323, 504, 506, 307, 498-A IPC and 3/4 of Dowry Prohibition Act, Police Station Kotwali Orai, District Jalaun, as well as against G.D. No.46 dated 03.12.2019 in Case Crime No.885/2018 under Section 307 IPC, Police Station Kotwali Orai, District Jalaun, and no any other writ petition has ever been filed or pending in any court of law except the present writ petition."
The petitioner had earlier filed Writ Petition No.27248 of 2018 for the same cause of action, which had been dismissed by the Court vide order dated 28.09.2018 and therefore, in our opinion, the petitioner has blatantly concealed this material fact from the Court and instead made a false declaration in para 1 of the writ petition.
Learned counsel for the petitioner sought to submit that he is pressing the relief no.2 in respect of his release on bail relying upon the judgment of the Supreme Court in Manoj Suresh Jadhav (supra) and therefore this is a fresh writ petition which is maintainable.
We are not inclined to accept the submission of the learned counsel for the petitioner for the reason that the first relief claimed with regard to the quashing of the FIR registered as Case Crime No.885 of 2018, under Sections 323, 504, 506, 307, 498-A IPC and 3/4 D.P. Act, Police Station Kotwali Orai, District Jalaun as well as G.D. No.46 dated 03.12.2019 in Case Crime No.885 of 2018, under Section 307 IPC, Police Station Kotwali Orai, District Jalaun. We are also not inclined to accept the submission of the learned counsel in view of the deliberate concealment made by the petitioner in paragraph 1 of the present writ petition.
We therefore dismiss this writ petition with cost of Rs.10,000/-. The amount of Rs.10,000/- shall be deposited by the petitioner with the Registrar General of the Allahabad High Court within one month from today. If the same is not so deposited the Registrar General shall take steps for recovery of the same from the petitioner in accordance with law as arrears of land revenue. The amount so deposited shall then be transmitted to the account of the Allahabad High Court Mediation and Conciliation Centre, Allahabad.
Let a copy of this order be placed before the Registrar General of this Court for information.
Order Date :- 2.1.2020 N Tiwari