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2004 DIGILAW 967 (PNJ)

Nadaan Singh v. State Of Haryana

2004-08-26

VIRENDER SINGH

body2004
Judgment Virender Singh, J. 1. Nadaan Singh son of Khaili Ram and Raj Singh son of Rameshwar Dutt, the petitioners herein, are seeking quashing of FIR No. 7 dated 19.7.1996 under Sections 406/409/34 IPC registered at Police Station Vigilance Bureau, Gurgaon. 2. In support of the petition, an affidavit of Nadaan Singh petitioner No. 1 is annexed wherein it has been averred by him in para No. 16 that no such or similar petition for quashing of the FIR has been filed either in this Court or in the Honble Supreme Court of India. Same is the averment in para No. 16 of the main petition. 3. Records of Criminal Misc. No. 46145-M of 2000 are tagged by the office which reveal that the present two petitioners had earlier also filed a petition under Section 482 Cr.P.C. for quashing of the present FIR and the same was dismissed as withdrawn by this Court vide order dated 11.12.2000. 4. On specific query being put to learned counsel for the petitioner, he states at the bar that the present petitioners have not disclosed the factum of filing any petition for the same relief to him and for this reason he has given the note to that effect. He rather states that the petitioner had told him that they had filed an application for anticipatory bail which was dismissed. 5. In my considered view, this amounts to concealment of material facts and the petitioners, thus, are liable to be burdened with costs for their aforesaid intentional act. 6. To be fair to Mr. Nehra, I have otherwise heard him on merits as the earlier petition was dismissed as withdrawn. The FIR was registered in the year 1996 and the challan was filed in the year 1998 and the petitioners are facing the trial. No ground for quashing is made out. 7. Consequently, the present petition is dismissed. 8. For the material concealment on the part of the petitioners as observed herein above, they are ordered to pay a sum of Rs. 20,000/- as costs within one month from today. The costs shall be deposited with Chief Judicial Magistrate, Gurgaon and the same in turn shall be sent to State Legal Services Authority, Haryana at Chandigarh. In default thereof, the learned Chief Judicial Magistrate, Gurgaon will initiate proceedings to recover the said amount from the present petitioners according to law. 20,000/- as costs within one month from today. The costs shall be deposited with Chief Judicial Magistrate, Gurgaon and the same in turn shall be sent to State Legal Services Authority, Haryana at Chandigarh. In default thereof, the learned Chief Judicial Magistrate, Gurgaon will initiate proceedings to recover the said amount from the present petitioners according to law. Copy of the order be sent to Chief Judicial Magistrate, Gurgaon without any delay for compliance.