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2011 DIGILAW 1174 (ALL)

Anil Kumar Singh and another v. State of U. P. and others

2011-05-05

SHRI NARAYAN SHUKLA

body2011
Shri Narayan Shukla, J.- By means of the present petition, the petition­ers have challenged the summoning order dated 5th of March, 2008 passed by the Chief Judicial Magistrate, Hardoi in Case No. 1482/2008. Mr. Rajendra Kumar Dwivedi, learned Advocate raised objection against the main­tainability of the petition on the ground that for the same cause of action the peti­tioners had instituted one petition being Criminal Case No. 4730 of 2010 (under sec­tion 482, Cr.P.C), which has been disposed of by this Court by means of order dated 1st of December, 2010, whereas the peti­tioners have come forward before this Court in fashion of filing the present peti­tion, but without discussing the aforesaid facts. 2. Therefore, I am of the view that the petition is based absolutely on concealment of facts and is liable to be dismissed on this very ground. Accordingly, the same is dis­missed with cost of ?40,000. 3. Since the same learned Counsel appears in the above noted petition, who is representing the present matter owes re­sponsibility for wrong advise to his client, therefore, the cost imposed upon the peti­tioners shall be beared by learned Counsel for the petitioners, which shall be deposited within one month. The deposited amount shall be utilised for the Mediation and Conciliation Centre. Petition Dismissed.