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2025 DAILYLAW 51279 (ALL)

MOIN KHAN @ MOIN MIYAN v. STATE OF U.P. AND 2 OTHERS

CRLP/8701/2025 · 2025-05-08

Mahesh Chandra Tripathi, Sandeep Chaudhary Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:75327-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 8701 of 2025 Petitioner :- Moin Khan @ Moin Miyan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohd. Kamar Shah Alam,Syed Irfan Ali Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J. 1. Heard learned counsel for the petitioner and learned A.G.A. for the State-respondents. 2. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 28.09.2023, registered as Case Crime no. 0211 of 2023, U/s 420, 467, 468, 471, 406 I.P.C., P.S Ganj, District Rampur and with a further prayer not to arrest the petitioner in pursuance of the impugned F.I.R. 3. Learned counsel for the informant has raised an objection regarding the maintainability of the instant writ petition on the ground that, for the same set of facts, the petitioner has already invoked the writ jurisdiction by preferring CRIMINAL MISC. WRIT PETITION No. 16273 of 2023 (Moin Khan @ Moin Miyan vs. State of U.P. and 2 Others). The coordinate bench, vide judgment and order dated 29.11.2023, dismissed the writ petition. He further submits that the instant writ petition is liable to be treated as a second writ petition for the same cause of action and should be dismissed with exemplary costs. 4. A similar objection has also been raised by Sri Paritosh Malviya, learned AGA-I. In addition, he submits that in paragraph 31 of the writ petition, there is a categorical averment that the petitioner does not have any criminal antecedents and is a law-abiding citizen of India, which is an incorrect statement, as the petitioner has four criminal cases to his credit. On this additional ground, the writ petition is liable to be dismissed with exemplary costs, as there is a deliberate misstatement. Reliance has been placed on the judgment and order dated 03.04.2025 passed by the Hon'ble Apex Court in Petition(s) for Special Leave to Appeal (Crl.) No(s). 1400/2025 (Munnesh vs. State of U.P.), wherein the Hon'ble Apex Court, noticing the growing trend of concealment of criminal antecedents in petitions seeking bail or protection from arrest, has directed that individuals approaching the Court must mandatorily disclose in the synopsis whether they have any criminal background, and any failure to do so may result in dismissal of the petition. 5. Confronted with the situation, learned counsel for the petitioner states that the petitioner does not want to press the writ petition and the same may be dismissed as not pressed. 6. Accordingly, the writ petition is dismissed as not pressed. Order Date :- 9.5.2025 NLY (Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad