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IN THE HIGH COURT OF ALLAHABAD
Rajesh Singh Chauhan, J.
Alok Mitra Jaiswal and Others – Applicants
Versus
State of U.P. Thru. Prin. Secy. Ministry of Home Civil Sectt. Lko And Another – Opposite Parties
Application U/S 482 No. – 9084, 10202 of 2023
Decided On : 17-01-2024
Concealment of Facts - Criminal Proceedings - IPC 120-B, 420, 465, 466, 467, 468, 471 - Judgment discusses the concealment of facts by the petitioners in criminal proceedings under various sections of the Indian Penal Code. The court dismisses the petitions and emphasizes the importance of disclosing all legal proceedings and litigations concerning the subject matter of dispute.
Fact of the Case:
The petitioners sought to quash criminal proceedings and stay further proceedings in a case involving charges under various sections of the IPC. The court was informed that the petitioners had filed a Regular Suit in the nature of permanent injunction against the petitioner and others, and the issue in question was civil in nature.
Finding of the Court:
The court found that the petitioners deliberately concealed the fact that they had filed a writ petition before the Division Bench and obtained interim protection. The court held that the conduct of the petitioners amounted to deliberate and intentional concealment of facts, and dismissed the petitions.
Issues: The main issue was the deliberate concealment of facts by the petitioners regarding their previous legal proceedings and the pendency of a writ petition before the Division Bench.
Ratio Decidendi: The court emphasized the importance of disclosing all legal proceedings and litigations concerning the subject matter of dispute. It held that deliberate suppression or concealment of material facts is forbidden and can lead to dismissal of petitions.
Final Decision: The court dismissed both petitions and directed the petitioners to appear/surrender before the lower court, file their bail application, and discharge application with all available pleas and grounds. It also directed the lower court to consider the bail application of an elderly petitioner with expedition.
The key point of the legal document is that deliberate concealment or suppression of material facts by the parties in legal proceedings is prohibited and can lead to the dismissal of petitions. The court emphasizes the importance of full disclosure of all relevant legal proceedings and litigations concerning the subject matter of dispute. Failure to disclose such facts, especially when they are material to the case, is considered misconduct and undermines the integrity of the judicial process. As a consequence, the court dismissed the petitions filed by the petitioners, highlighting that their conduct of hiding pertinent information was deliberate and intentional, which impacted the court’s decision-making process.
JUDGMENT :
1. Heard Sri Jyotindra Mishra, learned Senior Advocate assisted by Sri Shiv Prakash Dwivedi, learned counsel for the petitioners in Crl. Misc. Case No. 9084 of 2023 (u/s 482 Cr.P.C.), Sri Rao Narendra Singh and Sri Aniruddh Kumar Singh, learned AGA for the State as well as Sri Vivek Kumar Rai, learned counsel for private opposite party no. 2.
2. Heard Sri Ashok Kumar Bajpai, learned counsel for the petitioner in Crl. Misc. Case No. 10202 of 2023 (u/s 482 Cr.P.C.), Sri Rao Narendra Singh and Sri Aniruddh Kumar Singh, learned AGA for the State as well as Sri Vivek Kumar Rai, learned counsel for private opposite party no. 2.
3. Notably, both the aforesaid cases arise out of the same criminal proceedings, therefore, with the consent of the parties, both the petitions are decided together.
4. In the case of Alok Mitra Jaiswal and others, [Crl. Misc. Case No. 9084 of 2023 (u/s 482 Cr.P.C.)]. though learned AGA has filed counter affidavit but he is not pressing the same making request that the present matter may be decided on the basis of material available on record and also on the basis of arguments so advanced by learned counsel for the parties.
5. Since learned AGA has not pressed his counter affidavit, therefore, the opportunity to file rejoinder affidavit to learned counsel for the petitioners is not given.
6. By means of aforesaid petition bearing Crl. Misc. Case No. 9084 of 2023 (u/s 482 Cr.P.C.), the petitioners have prayed the following relief:
"Wherefore, it is most humble prayed that this Hon'ble Court may kindly be pleased to quash the impugned cognizance order dated 11.08.2023 as well as Chargesheet No. 01/dated-09.08.2023 in case crime No. 0298/2023, Under Section-120-B, 420, 465, 466, 467, 468, 471 I.P.C., Criminal Case No. 7812/2023, bearing name State V/S Alok Mitra & Others, Police Station-Kotwali Nagar, Distt-Sultanpur which is passed by Chief Judicial Magistrate, Court No. 16, District-Sultanpur in the interest of justice.
It is further prayed that the further proceeding in pursuance to the impugned Cognizance order dated 11.08.2023 as well as Charge sheet No. 01/dated-09.08.2023 in case crime no. 0298/2023, Under Section-120-B, 420, 465, 466, 467, 468, 471 I.P.C. Criminal Case No. 7812/2023, bearing name State V/S Alok Mitra & Others, Police Station-Kotwali Nagar, District Sultanpur which is passed by Chief Judicial Magistrate, Court No. 16, District-Sultanpur be stayed during the pendency of petition before this Hon'ble Court."
7. By means of aforesaid petition bearing Crl. Misc. Case No.10202 of 2023 (u/s 482 Cr.P.C.), the petitioner has prayed the following relief:
"to quash the entire criminal proceedings including charge sheet of criminal case no. 7812 of 2023 relating to case crime no. 298 of 2023, under Section 120-B, 420, 465, 466, 467, 468 & 471 IPC of Police Station Kotwali Nagar, District Sultanpur, pending in the court of learned C.J.M., Sultanpur, in the interest of justice.
It is further most respectfully prayed that this Hon'ble court may graciously be pleased to stay the further proceedings of criminal case no. 7812 of 2023 relating to case crime no. 0298 of 2023, under section 120B, 420, 465, 466, 467, 468 & 471 IPC, of Police Station Kotwali Nagar, District-Sultanpur, pending in the court of learned C.J.M. Sultanpur, pending in the court of C.J.M. Sultanpur, till the final disposal of this petition, in the interest of justice."
8. In the case of Alok Mitra Jaiswal and Others, this Court has passed the order dated 19.09.2023 which reads as under:
"Sri Vivek Kumar Rai and Sri Ajai Kumar, advocates, have put in appearance by way of filing vakalatnama on behalf of opposite party no. 2 and the same is taken on record.
Office is directed to print the name of Sri Vivek Kumar Rai and Sri Ajai Kumar as counsels for opposite party no. 2, on the next date of listing.
Learned counsel for opposite party no. 2 submits that he will file counter affidavit within a period of two weeks.
A week time thereafter, shal
AI
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