Patna High CourtCR. MISC./33928/2016dismissed

Rajan Sharma v. State Of Bihar And ANR

2019-02-21Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 33928 of 2016 Arising Out of Complaint Case No.-2360 Year-2008 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== Rajan Sharma S/o Chandrama Sharma, Resident of Village - Bakhrour, P.S. Sidhwalia, District - Gopalganj.

... ... Petitioner/s

Versus

1. The State of Bihar

2. Shanti Devi, W/o Jagarnath Sharma, Resident of Village - Bakhrour, P.S. Sidhwalia, District - Gopalganj.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.

For the State :

Mr. Manoj Kumar No.1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 21-02-2019 Nobody appears on behalf of the petitioner. Learned A.P.P. for the State is present.

2. From the office note dated 20.02.2019, it appears that the petitioner has given certificate at paragraph no. 2 of the application that he has not moved before this Court earlier for the relief sought for in the present application. The same stands falsified from the fact that he, along with six others, had moved the Court earlier for the same relief in Cr. Misc. No. 21112 of 2013, which stood disposed off by order passed by a co-ordinate Bench on 01.03.2016.

3. From the aforesaid, it is clear that patently false certificate with regard to the petitioner not moving before the

Patna High Court Cr.Misc. No.33928 of 2016(3) dt.21-02-2019 2/2 Court earlier in the matter has been given in the application.

4. For the reason aforesaid, the application stands dismissed with cost of Rs. 25,000/-, to be deposited by the petitioner in the Juvenile Justice Fund of the State Social Welfare Department. The same be done latest by 25th March, 2019 and receipt filed by 28th March, 2019, failing which the office shall place the matter before the Bench for appropriate order.

5. Registry shall communicate the order to the petitioner forthwith.

(Ahsanuddin Amanullah, J.) Anand Kr.

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