JUDGMENT :

Sanjay Kumar Singh, J.

1. Heard Mr. Pawan Kumar, learned counsel for the applicants, Mr. Arun Kumar Tripathi, learned counsel for the complainant/opposite party no.2 and learned A.G.A. for the State.

2. By means of this application under Section 482 Cr.P.C., the applicants have made a prayer for quashing the impugned charge-sheet dated 4.6.2020 and summoning order dated 16.9.2020 in Criminal Case No. 3297 of 2020 arising out of Case Crime No. 106 of 2020 (State Vs. Vinod & Others) under Sections 323, 504, 506, 325, 308 I.P.C. pending in the Court of Chief Judicial Magistrate, Maharajganj.

3. At the out-set on the matter being taken up, learned counsel for the complainant / opposite party no. 2 raises preliminary objection that the applicants have not come with clean hands before this Court as the averment made in paragraph no.2 of the affidavit filed in support of this application "that this is the first application on behalf of the applicants before this Court" is totally incorrect and false. In support of his submission, he pointed out that earlier the applicants had preferred an application under Section 482 Cr.P.C. No. 1982 of 2021 through Mr. Sumit Kumar Srivastava, advocate challenging the charge-sheet dated 04.06.2020, cognizance order dated 16.09.2020 as well as the entire proceedings of the aforesaid case no. 3297/2020. In the said application the applicant no- 1(Vinod) was the deponent. The said application was disposed of vide order dated 29.1.2021 declining to quash the proceedings of the aforesaid case before the concerned court below with further direction that applicants shall appear before the court below within 30 days and for a period of 30 days interim protection was granted to the applicants. It is further pointed out that the said order dated 29.1.2021 has not been complied with by the applicants and thereafter they filed another application under Section 482 Cr.P.C. No. 12919 of 2022 through Mr. S.K.Tiwari advocate challenging the non bailable warrant dated 03.01.2022, 09.03.2022 and 19.04.2022 issued against them, in which the applicant no-2 (Dinesh) is the deponent and the said application is still pending before this Court. During pendency of the aforesaid second application, the applicants have again preferred the instant third application under Section 482 Cr.P.C.through Mr. Pawan Kumar advocate, with the prayer to quash the charge-sheet dated 4.6.2020 and summoning order dated 16.9.2020 as well as entire proceedings of aforesaid case without disclosing the fact of filing aforesaid two applications.

4. When learned counsel for the applicants was confronted with the aforesaid facts, he became speechless and did not dispute the aforesaid factual aspect of the matter. However, he submits at the Bar that the deponent of this case is maternal uncle of applicant no.1 Vinod and he did not inform him about the filing of aforesaid applications under Section 482 Cr.P.C. Nos. 1982 of 2021 and 12919 of 2022, therefore, he has not given reference of the same in the affidavit. He has fairly submits that since the deponent has concealed the material facts before him as well as before this Court, therefore he has no objection in imposing some cost upon the deponent.

5. Having heard the submissions of the learned counsel for the parties and examining the matter in its entirety, I find substance in the submissions of learned counsel appearing on behalf of opposite party no.2 that the applicants have not come with clean hands and tried to obtain order in their favour by playing fraud upon the Court.

6. Under the facts of the case, I am of the considered view that the applicants have no respect to the order of this Court. Furthermore, they have not approached this Court with clean hands and filed this application suppressing the material facts, therefore, they do not deserve any indulgence by this Court. The courts of law are meant for imparting justice between the parties. One, who comes to the court, must come wit