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2024 Supreme(All) 98

RAJESH SINGH CHAUHAN
Alok Mitra Jaiswal – Appellant
Versus
State of U. P. Thru. Prin. Secy. Ministry of Home Civil Sectt. Lko – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Shiv Prakash Dwivedi, Ashok Kumar Bajpai, Abhishek Kumar, Belal Ahmad, Kadambani Lal, Surendra Prasad Gupta
For the Opposite Party : Ajai Kumar, Vivek Kumar Rai, Vivek Kumar Rai

Judgement Key Points

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 press

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