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Judgment
Surendra Singh, J.
Heard learned counsel for the petitioners and learned Additional Government Advocate.
Under challenge in this petition is FIR relating to case crime no. 1107 of 2009 under Sections 147, 323, 504 & 506 IPC of police station Gomti Nagar, district Lucknow and case crime no. 1256 of 2009 under Section 307, 506 & 326 IPC of police station Gomti Nagar, district Lucknow.
At the very threshold, learned Additional Government Advocate pointed out that petitioners have earlier filed Writ Petition 9544 (MB) of 2009 challenging FIR relating to above mentioned case crime no. 1107 of 2009 under Sections? 147, 323, 504 & 506 IPC of police station Gomti Nagar, district Lucknow which was heard and dismissed by this Court vide order dated 09.10.2009 holding therein that since the contents of the FIR disclose commission of cognizable offence, as such, the same cannot be quashed.
Learned Additional Government Advocate further submitted that the petitioners have not disclosed the fact about dismissal of said writ petition? and have gone to the extent of mentioning in the writ petition that no other writ petition has been filed by the petitioners before this Court.?
We have gone through the records of this writ petition as well as Writ Petition NO. 9544 (MB) of 2009.
In the petition in hand, affidavit has been sworn by Rajesh Pandey, aged about 23 years son of Sri Awadhesh Kumar, resident of E3/341, Vineet Khand, Gomti Nagar, Lucknow.? We find that the same deponent has sworn and filed his affidavit in Writ Petition No. 9544 (MB) of 2009.
Since the petitioners have not approached this Court with clean hands and have concealed material facts, as such, we dismiss this petition with costs of Rs. 10,000/(Rupees ten thousand). The petitioners Rajesh Pandey and Sujeet Pandey shall deposit the costs of Rs. 10,000/ in this Court within a week failing which the District Magistrate, Lucknow shall recover the same as arrears of land revenue from said petitioners within next one month and shall deposit the amount so recovered in the accounts of High Court Legal Aid? Authority, Lucknow.