Allahabad High Court
Vijay Narayan Upadhyay vs State Of U.P. And Another on 1 May, 2023
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ? Court No. - 71 Case :- APPLICATION U/S 482 No. - 15681 of 2023 Applicant :- Vijay Narayan Upadhyay Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ganesh Mani Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
1. List revised.
2. Heard Sri Ganesh Mani, learned counsel for the applicant, Sri U.P. Singh, learned counsel for the State and perused the record.
3. This application under Section 482 Cr.P.C. has been filed by the applicant Vijay Narayan Upadhyay with the prayer to allow this application and to quash the impugned charge sheet dated 01.09.2021 and impugned cognizance order dated 31.03.2022 along with non bailable warrant dated 23.02.2023 as well as entire criminal proceeding of Criminal Case No. 3534 of 2022 (State Vs. Vijay Kumar Upadhyay) arising out of case crime no. 85 of 2021, under Section 3/7 Essential Commodities Act, Police Station Chauri, District Bhadohi, pending in the court of learned Additional Chief Judicial Magistrate, Bhadohi and with a further prayer to stay the further proceedings of the aforesaid case, during the pendency of the present application.
4. At the very outset, learned counsel for the State has informed the Court that previously Criminal Misc. Application 482 No. 21926 of 2022 (Vijay Narayan Vs. State of U.P. and another) was filed with the same prayer by the applicant wherein the Court vide its order dated 27.07.2022 had directed the applicant to surrender before the concerned trial court and apply for bail, the same was directed to be decided in accordance with law. Copy of the said order has been produced before the Court which is taken on record. It is argued that although this is the second 482 petition but learned counsel for the applicant has not mentioned in any paragraph about the same. It is argued that the applicant has not complied with the said order.
5. On a pointed query to the learned counsel for the applicant regarding the said application under Section 482 Cr.P.C. its compliance and its disclosure in the present application under Section 482 Cr.P.C., learned counsel for the applicant states that the same has not been disclosed in the present application under Section 482 petition as he has no knowledge about it compliance.
6. The order dated 27.07.2022 passed in Criminal Misc. Application 482 No. 21926 of 2022 (Vijay Narayan Vs. State of U.P. and another) is extracted herein-below:-
"Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
The instant application has been filed for quashing the charge sheet dated 01.09.2021, as well as entire proceeding of Criminal Case No. 3534 of 2022 (State vs. Vijay Narayan), under Section 3/7 of the Essential Commodities Act, 1955, P.S. Chauri, District Bhadohi.
After argument at length, learned counsel appearing for the applicant submits that the interest of justice would be served, if the bail application of the applicant is directed to be considered by the Court concerned. He further submits that the applicant shall surrenders before the Court concerned and will file the bail application. He further added that this Court may be pleased to direct the Court concerned to decide the bail application of the applicant within stipulated period of time as fixed by this Court.
In view of the aforesaid submissions, present application is disposed of with a direction that in case the applicant surrenders before the Court concerned and apply for bail, his bail application may be considered and decided in accordance with law as expeditiously as possible."
7. This is viewed as a concealment of a relevant and a vital fact from the Court. The Apex Court in the case of Bhaskar Laxman Jadhav & Others vs Karamveer Kakasaheb Wagh Education Society and others : (2013) 11 SCC 531 has held that a litigant who comes to the Court has to approach the Court with clean hands. He cannot choose what to disclose and what not to disclose, he has to disclose all the relevant facts and circumstances from the Court. The Apex Court has even held that a passing reference of a fact is not a disclosure. The disclosure has to be full and in specific terms.
8. The present application thus is filed by concealing the relevant fact. The same is rejected with cost of Rs. 25,000/- which is imposed on the applicant to be deposited within a period of two weeks before the Registrar General of this Court. When the said amount is deposited, the same shall be transferred to the account of the Legal Service Committee, Allahabad High Court for its utilization. If the applicant fails to deposit the said amount, the Registrar General of the Court shall inform the District Magistrate/Collector for recovery of the said amount as arrears of land revenue and after recovering the said amount, it shall be transmitted to the Registrar General of this Court for its utilization as above.
9. The present application is rejected with the aforesaid directions.
Order Date :- 1.5.2023 M. ARIF (Samit Gopal, J.)