The Allahabad High Court has imposed a heavy cost of Rs 5 Lac on a Petitioner for concealing material facts in Writ Petition.
Petitioner Umesh Singh filed a Writ Petition under Article 226 seeking quashing of Orders by means of which District Magistrate Mau has attached the Property of Petitioner as well as 300 tons of Coal under UP Gangsters and Anti Social Activities (Prevention) Act, 1986.
It was submitted before the Court on behalf of the Petitioner that the Petitioner is being victimized and has been falsely implicated under the Gangster Act on the basis of solitary case.
The State Government opposed the Petition, on the ground that the submission of Petitioner that he has been implicated under Gangster on the basis of solitary case is factually incorrect. It was pleaded that the Petitioner has made concealment of facts in the Writ Petition. AGA demonstrated before that number of criminal cases were lodged and pending against the Petitioner and there is a long criminal history of Petitioner also.
A Bench of Hon’ble Justice Pankaj Naqvi and Hon’ble Justice Vivek Agarwal were amazed that the Petitioner did not disclose about the pendency of criminal cases in present Writ Petition and earlier Petitions also. When a question to this effect was posed to Senior Counsel he has no answer.
The Allahabad High Court observed that
Omission was intentional and deliberate with a view to hoodwink the Court for ulterior motives which cannot go unpunished. Whatever has been appended by way of supplementary affidavit was also within the knowledge of the petitioner prior to filing of the writ petition. Cleverly or under some advice this material was sought to be suppressed from the Court.
In view of the above the Court imposed a heavy cost of Rs. 5 lac on the Petitioner, to be deposited in the High Court Legal Service Authority.
Case No.: CRIMINAL MISC. WRIT PETITION No.- 13508 of 2020
Title: Umesh Singh vs State of U.P. and Another
Coram: Hon’ble Justice Pankaj Naqvi and Hon’ble Justice Vivek Agarwal
Counsel for Petitioner- Anurag Vajpeyi,Atharva Dixit,Manish Tiwary(Senior Adv.)
Counsel for Respondent :- G.A