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High CourtsDivision Bench(2012) 01 AHC CK 0724

Surendra Kumar vs State of U.P. and Others

Allahabad High Court · Decided on 12 January 2012

HON’BLE JUDGES
Vinay Kumar Mathur, J · Devendra Pratap Singh, J
RESULT
Dismissed
CASE NUMBER
Criminal Misc. Writ Petition No. 24127 of 2011

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Judgment

11 paragraphs · 388 words
1.

The DIG/SSP, Ghaziabad was directed to cause the production of the present petitioner by the following order dated 22.12.2011. Heard Learned Counsel for the parties.

2.

Sri Surendra Kumar son of Sri Atar Singh has filed this petition for quashing of F.I.R. registered in case crime No. 310 of 2011 u/s 420, 467, 468, 471 I.P.C., Police Station Hapur Nagar, District Ghaziabad. During argument, it transpires that earlier also another writ petition being writ petition No. 22858 of 2011 had been filed by the same petitioner and the writ petition was dismissed vide order dated 29.11.2011 but this fact has not been disclosed in the present writ petition. Thus, the court summoned the file of the earlier writ petition.

3.

From a perusal of the two, it transpires that the affidavit in both the cases has been given by the petitioner himself but yet the aforesaid fact was not disclosed.

4.

Sri Raj Kumar Dhama, Learned Counsel appearing for the petitioner has stated that this fact was never informed to him by the petitioner and thus, he had no knowledge otherwise he would have mentioned it in the present writ petition.

5.

DIG/SSP, Ghaziabad may cause production of the petitioner, Surendra Kumar son of Sri Atar Singh, resident of House No. 96, Nasirpur, Police Station Sihani Gate, District Ghaziabad on the next date to enable the Court to proceed further. In case, the DIG/SSP, Ghaziabad is unable to do so, he will file his personal affidavit giving reason thereof.

6.

Let a copy of this order be given to learned A.G.A. within twenty four hours.

7.

List for further orders on 6.1.2012.

8.

Learned AGA states that the aforesaid order with a covering letter was faxed to the DIG/SSP, Ghaziabad on the same day i.e. 22.12.2011, but till date he has not received any response and none has contacted him for filing the affidavit as directed therein.

8.

The court is left with no other option but to issue bailable warrants against the DIG/SSP, Ghaziabad to ensure his presence on the next date.

9.

Let warrants be issued and be executed through the Chief Judicial Magistrate, Ghaziabad.

10.

Let a copy of this order be also faxed forthwith to the CJM, Ghaziabad and another copy be given to the learned A.G.A. within twenty four hours.List on 23.1.2012.