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Court No. 25
Writ Petition No. 6154 (MB) of 2010
Udai Bhan Maurya vs. State of Uttar Pradesh and others
Hon'ble A. Mateen, J.
Hon’ble Vedpal, J.
This petition has been filed by petitioner Udai Bhan Maurya for
quashing FIR relating to Case Crime No. 581 of 2009 under Section 3 (1) of the
U.P. Gangsters and Anti Social Activities (Prevention) Act of Police Station
Haiderganj, district Faizabad.
At the very outset, learned Additional Government Advocate informed
the court that on an earlier occasion too, petitioner Udai Bhan Maurya had
preferred Writ Petition No. 1009 (MB) of 2010 with the same prayer and he has
concealed said fact inasmuch as averments have been made in the writ petition
that this is the first petition which has been filed by petitioner Udai Bhan
Maurya and he has not filed any other petition on the same facts and
circumstances with respect to the same cause of action in this court ,either at
Allahabad or at Lucknow, and this is the first petition.
We sent for the record of Writ Petition No. 1009 (MB) of 2010 from the
office of the Court which is before us. Learned Additional Government
Advocate has also placed before the Court copy of petition relating to Writ
Petition No. 1009 (MB) of 2010.
On a perusal of the record of Writ Petition No. 1009 (MB) of 2009 it is
evident that petitioner Udai Bhan Maurya had preferred aforesaid Writ Petition
through Sri Ashok Pandey, Advocate. There is overwriting in the case crime
number of Writ Petition No. 1009 (MB) of 2010 inasmuch as the case crime
number has been made to read as Case Crime No. 581 of 2009 under Section 3
(1) of the U.P. Gangsters and Anti Social Activities (Prevention) Act of Police
Station Haiderganj, district Faizabad by applying whitener in the petition on the
last digit of case crime number. From the record of the Additional Government
Advocate, it is evident that in place of Case Crime No. 582, it is overwritten and
made to read as case crime no. “581” of 2009 under Section 3 (1) of the U.P.
Gangsters and Anti Social Activities (Prevention) Act of Police Station
Haiderganj, district Faizabad. Copy of the FIR, which has been annexed as
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Annexure-1 to aforesaid Writ Petition No. 2009 (MB) of 2010 which has been
sought to be quashed, mentions Case Crime No. 581 of 2009 under Section 3 (1)
of the U.P. Gangsters and Anti Social Activities (Prevention) Act of Police
Station Haiderganj, district Faizabad. Writ Petition No. 1009 (MB) of 2010 was
registered on 20.11.2009 which, as it is borne out from the record, was
dismissed on 11.02.2010 by a Division Bench consisting of Hon’ble Imtiyaz
Murtaza and Hon’ble Shabihul Hasnain, JJ.
From the record of both the writ petitions, i.e Writ Petition No.1009
(MB) of 2010 as well as the present Writ Petition, it is evident that in both the
writ petitions, the same petitioner and deponent has sworn-in the affidavit with
the name, parentage and address as mentioned below:
“Udai Bhan Maurya, aged about 50 years son of Uadu
Nath, resident of Nasratpur, police station Tarun,
district Faizabad.”
Thus, the petitioner has concealed material fact and has approached this
court with unclean hands and has tried to play fraud.
In view of our above observations, we dismiss the writ petition at the
admission stage itself with costs of Rs. 20,000/- (Rupees twenty thousand only)
which shall be deposited by the petitioner in the cash section of this Court
within one month. If the petitioner fails to deposit the same within the stipulated
time, District Magistrate, Faizabad is directed to recover the same from the
petitioner as arrears of land revenue within the next one month. The amount so
deposited or recovered shall be deposited in the funds of the Mediation and
Conciliation Centre of this Court.
Dated : 30.06.2010
anb