MAHENDRA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in thisappeal is to the order passed by a learned single Judge of the Uttaranchal High Court dismissing the Criminal Miscellaneous Applications. The High Court took exception to the fact that two petitions were filed in respect of the same impugned order. According to the High Court the appellants had concealed the fact that the second petition had been filed while the first petition was pending consideration.

(3.) Background facts in a nutshell are as follows : Criminal Misc. Application No. 4279 of 1998 was filed by the appellants before the Allahabd High Court. After bifurcation of the State the said case was transferred to the Uttaranchal High Court and was renumbered as Criminal Misc. Application No.953 of 2001. It appears that there was another petition filed which was numbered as Criminal Misc. Application No. 4435 of 1998 and the same was renumbered as Criminal Misc. Application No. 950 of 2001. The High Court was of the view that Criminal Misc. Application No. 4435 of 1998 corresponding to Criminal Misc. Application No. 950 of 2001 was filed earlier and when the appellants failed to get an order of any stay they filed the second petition suppressing the fact that one earlier petition was pending. In the second petition the appellants got an order of stay. This according to the High Court was a deprecable practice.