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Ankit Kumar & Others v. State Of U.P.& Others - CRIMINAL MISC. WRIT PETITION No. 2520 of 2006 [2006] RD-AH 7281 (5 April 2006)


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Hon'ble Amitava Lala,J.

Hon'ble Shiv Shanker,J.

This is an application for review of the order dated 01.03.2006 passed by this court in writ petition no. 2520 of 2006.  The ground for making the application is that since this court as on 23.2.2006 passed an interim order in Criminal Misc.Writ Petition no. 2186 of 2006 staying the arrest of the petitioner till the next date of listing, in view of the orders of different Division Benches of this Court in Criminal Misc.Writ Petition no. 922 of 2006 and 1220 of 2006 the petitioners are also entitled for similar orders but not the dismissal of the writ petition.  We have given the reason of dismissal of the writ petition by saying as follows.

"This Court is not bound to follow and pass any interim order, which is passed by a Bench in Criminal Misc. Writ Petition No. 1219 of 2006 on 2.2.2006.  The seriousness of allegation in the F.I.R. does not permit to pass any favourable order."

However, incidently the Court noticed that one of the writ petitioners i.e. writ petitioners no.3 is also writ petitioner in Criminal Misc.Writ Petition No.2186 of 2006.  All the matters are verified by this court that one of the self same writ petitioners have already obtained interim order in Criminal Writ Petition No.2186 of 2006 on 23.2.2006.  Therefore, due to the concealment of fact the application has not only fit to be dismissed alone but is to be dismissed with costs assessed as Rs.1700/- to be paid to the complainant.





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