JUDGMENT

Dr. Arijit Pasayat, J.—Leave granted.

2. Challenge in this appeal is to the order passed by a learned Single Judge of the Uttranchal High Court dismissing the Criminal Miscellaneous Applications. The High Court took exception to the fact that two petitions were filed in respect of the same impugned order. According to the High Court the appellants had concealed the fact that the second petition had been filed while the first petition was pending consideration.

3. Background facts in a nutshell are as follows:

Criminal Misc. Application No.4279 of 1998 was filed by the appellants before the Allahabad High Court. After bifurcation of the State the said case was transferred to the Uttranchal High Court and was re-numbered as Criminal Misc. Application No.953 of 2001. It appears that there was another petition filed which was numbered as Criminal Misc. Application No. 4435 of 1998 and the same was re-numbered as Criminal Misc. Application No. 950 of 2001. The High Court was of the view that Criminal Misc. Application No. 4435 of 1998 corresponding to Criminal Misc. Application No. 950 of 2001 was filed earlier and when the appellants failed to get an order of stay they filed t