Neutral Citation No. - 2025:AHC:74485-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 9145 of 2025 Petitioner :- Smt. Arya Rastogi And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Yogesh Kumar Singh Counsel for Respondent :- G.A. with Case :- CRIMINAL MISC. WRIT PETITION No. - 8741 of 2025 Petitioner :- Ravi Kumar And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajnish Tripathi,Tarun Pratap Singh Counsel for Respondent :- Bharat Singh,G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J. 1. Heard Sri Yogesh Kumar Singh and Sri Rejnish Tripathi, learned counsel for the petitioners and learned AGA for the State. 2. Present petition has been filed with the prayer to quash the impugned FIR dated 19.4.2025 registered as Case Crime No. 183 of 2025, under section 87 BNS, P.S. Kotwali, District Bareilly. Further prayer has been made not to arrest the petitioners in the aforesaid case. 3. On 7.5.2025, following order was passed:- "1. Heard Sri Yogesh Kumar Singh, learned counsel for the petitioners and Sri Rahul Asthana, learned AGA appearing for the State respondents and perused the record. 2. Present petition has been filed challenging the impugned First Information Report dated 19.4.2025, registered as Case Crime No. 183 of 2025, under Section 87 BNS, P.s. Kotwali, District Bareilly. 3. In the list of fresh cases, Criminal Misc. Writ Petition No. 8741 of 2025 (Ravi Kumar and another vs. State of UP and others) is reflected. 4. Learned counsel for the petitioner states that the aforesaid petition has also been filed challenging the same impugned FIR. 5. In this view of the matter, record of Criminal Misc. Writ Petition No. 8741 of 2025 (Ravi Kumar and another vs. State of UP and others) was called for. 6. On perusal of the record, we find that the aforesaid writ petition has been filed with the following prayer: "(A) Issue a writ or certiorari quashing the impugned FIR dated 19/04/2025 registered as case crime no. 0183/2025 under section 87 BNS 2023 Police Station-Kotwali, District Bareilly. (B) Issue a writ of Mandamus directing and commanding the respondents not to arrest the petitioner no. 1 in connection with case crime no. case crime no. 0183/2025 under section 87 BNS 2023, Police Station-Kotwali, District- Bareilly." 7. Therefore, the prayers so made are similar in nature. In the aforesaid petition, on 2.5.2025 following order was passed: "1. Learned counsel for the petitioner is directed to file certified copy of the first information report. 2. As prayed, put up this case as fresh on 9.5.2025." 8. After perusal of the order and petition, learned counsel for the petitioner in Criminal Misc. Writ Petition No. 8741 of 2025 was summoned. Sri Tarun Pratap Singh, learned counsel for the petitioner is present. 9. We find that earlier petition was titled as 'Ravi Kumar and another' whereas present petition has been titled as 'Smt. Arya Rastogi and another'. Now in the second petition this fact that the petitioners have already filed the aforesaid petition has not been disclosed and it has been stated in paragraph 1 of the petition that this is the first criminal writ petition for quashing the first information report dated 19.4.2025. Earlier petition is supported by the affidavit of Ravi Kumar whereas the second petition is supported by joint affidavit of both the petitioners and they are claiming that they are major and they have performed the marriage. 10. We find that filing of two petitions is nothing but abuse of process of law. 11. Both the learned counsel for the petitioners states that both the petitions may be dismissed as withdrawn. 12. Sri Ravi Kumar and Smt. Arya Rastogi are present in Court. 13. Sri Ravi Kumar has categorically stated before this Court that he had not informed Sri Yogesh Kumar Singh, learned counsel of present petition about the filing of previous petition. 14. We, therefore, find that the petitioners have played the mischief in the present case. 15. Sri Ravi Kumar also states in categorical terms that both the petitions may be dismissed as withdrawn. 16. Put up this case tomorrow (8.5.2025) as fresh along with the record of Criminal Misc. Writ Petition No. 8741 of 2025 (Ravi Kumar and another vs. State of UP and others) before this Bench. " 4. Learned counsel for the petitioners appearing in both the petitions seek permission of the Court to withdraw the present petition as already stated by petitioner no. 1 Ravi Kumar before this court on 7.5.2025. 5. We find that it is clear abuse of process of law, however, taking a lenient view of the matter only a token cost of Rs. 5000/- is being imposed on petitioner Ravi Kumar. 6. Therefore, the present petition is dismissed with a cost of Rs.5,000/- (Rs.Five Thousand) upon the petitioner Ravi Kumar, which the petitioner Ravi Kumar shall deposit with the Registrar General of this Court within a period of one month from today. On deposit of such cost, it shall be transmitted to the account of 'High Court Legal Services Committee, Allahabad'. If the petitioner Ravi Kumar fails to deposit the cost of Rs.5,000/-, the Registrar General of this Court shall inform the District Magistrate, Bareilly, for recovery of the said amount as arrears of land revenue, who shall after recovering the said amount from the petitioner Ravi Kumar, transmit it to the Registrar General of this Court for depositing in the account of 'High Court Legal Services Committee, Allahabad' within a further period of three months. Order Date :- 8.5.2025 SY Digitally signed by :- SUSHAMA YADAV High Court of Judicature at Allahabad