Interlocutory order directing the Learned Assistant Government Advocate to file an affidavit of the Station House Officer regarding the criminal history of the petitioners, noting non-disclosure of multiple criminal cases in the writ petition and subsequent affidavits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 9
Case :- CRIMINAL MISC. WRIT PETITION No. - 559 of 2024
Petitioner :- Rudra Prasad Tripathi And Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home U.P. Lko. And Others Counsel for Petitioner :- Vinod Kumar Singh Counsel for Respondent :- G.A.,Nisha Srivastava
Hon'ble Rajan Roy,J. Hon'ble Narendra Kumar Johari,J.
Learned counsel for the informant says that petitioner No.1, in addition to the case at hand, has a criminal history of 03 other cases, bearing Case Crime No.57/2023, lodged at Police Station Ram Nagar, under Sections 342, 323, 504, 506, 308 I.P.C., lodged on 31.2.2023; Case Crime No.35/2024, Police Station - Ram Nagar, lodged on 17.01.2024, under Sections 492, 307, 323, 504, 506 I.P.C.; Case Crime No.670/2023, Police Station Ram Nagar, lodged on 06.12.2023, under Sections 504, 506 I.P.C. Not only these cases have been disclosed but an averment has been made in para 26 of the writ petition that petitioners do not have any criminal history, except one case, which is incorrect.
Learned counsel for the informant says that petitioner No.2, in addition to the case in hand, has a criminal history of 02 cases, bearing Crime No.35/2024 and Crime No.670/2023, already referred herein above. So, does petitioner No.3, who is also involved in the same case crime nos., in addition to the case at hand, but this criminal history has not been disclosed. It is also her submission that even in the supplementary affidavit, dated 29.01.2024, only one criminal case bearing Crime No.57 of 2023 has been disclosed, and not the other cases. It is only after the aforesaid facts were stated by her in court, that the petitioners have subsequently filed another affidavit dated 24.01.2024, in which also they have disclosed only one case, i.e. Crime No.35/2024.
No explanation has been offered in the said supplementary affidavit regarding the contrary averments made in paragraph 26 of the writ petition. These facts were not placed before the court when it heard the matter on 07.02.2024 and order was passed, which was not signed and prior to it learned counsel for the informant appeared and informed that she had filed a caveat but has not been heard.
Learned A.G.A. shall seek instructions as to the criminal history of the petitioners and file an affidavit of S.H.O., Police Station Ram Nagar, District Sitapur, annexing therewith proof in support thereof.
List on 1st March, 2024, as fresh.
(Narendra Kumar Johari,J.) (Rajan Roy,J.) Order Date :- 19.2.2024 ML/-
Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench
Rudra Prasad Tripathi And Others
State Of U.P. Thru. Addl. Chief Secy. Home U.P. Lko. And Others
Rajan Roy
Narendra Kumar Johari
As recorded by the court registry
12 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
