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2025 DAILYLAW 145839 (ALL)

RAIS BEG v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME LKO. AND 2 OTHERS

CRLP/5263/2025 · 2025-06-19

Attau Rahman Masoodi, Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:35856-DB Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 5263 of 2025 Petitioner :- Rais Beg Respondent :- State Of U.P. Thru. Its Prin. Secy. Home Lko. And 2 Others Counsel for Petitioner :- Dr. Pooja Singh,Anshuman Singh Counsel for Respondent :- G.A.,Vijay Prakash Srivastava Hon'ble Attau Rahman Masoodi,J. Hon'ble Subhash Vidyarthi,J. Heard learned counsel for the petitioner, learned A.G.A. for the State and Shri Vijay Prakash Srivastava, learned counsel appearing for the Caveator. By means of the instant writ petition, the petitioner has sought quashing of the F.I.R. dated 26.04.2025, lodged as F.I.R./Case Crime No.0147 of 2025, under sections 190, 191(2), 191(3), 115(2), 352, 308(5), 324(5) of B.N.S., Police Station-Safipur, District Unnao. Learned A.G.A. has raised a preliminary objection that earlier Criminal Misc. Writ Petition No.3834 of 2025 was filed in this Court seeking quashing of the same F.I.R. The said writ petition was dismissed by means of an order dated 06.05.2025 and the same is quoted as under: "1. Heard learned counsel for petitioner and learned A.G.A. for the State as well as Sri Vijay Prakash Srivastava Advocate, who has filed Power on behalf of the opposite party no. 4, which is taken on record. 2. Learned counsel for the petitioner prays to withdraw present writ petition with liberty to avail appropriate remedy as may be permissible in law in appropriate proceedings before any other court/ authority concerned. 3. Learned A.G.A. has no objection to the submission made by the learned counsel for the petitioner. 4. Accordingly, the writ petition is dismissed as withdrawn with the aforesaid liberty. " Learned counsel for the respondents has submitted that this second writ petition has been filed with the same prayer by concealing the fact of filing of earlier writ petition. In view of the aforesaid facts, the second writ petition is barred by the provisions contained in Rule 7 of Chapter-XXII of the Allahabad High Court Rules, 1952 as the petitioner has concealed the relevant fact of filing of the earlier writ petition. The writ petition is accordingly dismissed. (Subhash Vidyarthi, J.) (Attau Rahman Masoodi, J.) Order Date :- 19.6.2025/akhilesh Digitally signed by :- AKHILESHWAR KUMAR High Court of Judicature at Allahabad, Lucknow Bench