- (1.) This petition has been filed for quashing of the orders dated 21-3-1991 passed by the City Magistrate, Kanpur Nagar (Annexure 12 to the writ petition) and the order dated 27-11-1991 passed by the 3rd Addl. Sessions Judge, Kanpur Nagar, (Annexure 13 to the writ petition) in proceedings under Section 133 Code of Civil Procedure. The parties have exchanged affidavits and, therefore, the writ petition is being disposed of finally at the admission stage in accordance with the Rules of Court
(2.) The present petition was filed before the Joint Registrar on 18-12-1991 and on 20-12-1991 an order was passed for issuing notice to the opposite parties to show cause why the petition be not admitted. The contesting opposite party No. 23 has filed counter affidavit and the main plea taken therein is that the Petitioner had filed another writ petition No. 35505 of 1991 challenging the same orders in this Court which was dismissed as not pressed on the application of the Petitioner and in these circumstances the present petition is not maintainable. I have, therefore, summoned the record of the aforesaid writ petition which reveals the following facts:
(3.) The present Petitioner Daya Shanker filed Writ Petition No. 35505 of 1991 challenging the same orders dated 21-3-1991 of the City Magistrate Kanpur Nagar, and 27-11-1991 of the 3rd Addl. Sessions Judge, Kanpur Nagar, in this Court on 5-12-1991. The petition was heard by me on 6-12-91 when the following order was passed; As prayed put up on 9-12-1991 as part heard. It appears that the writ petition was not taken up for hearing on 9-12-1991. Subsequently the Petitioner Daya Shanker moved an application which bears the date 13/17 December, 1991, for dismissing the writ petition as not pressed. The application was filed in Court on 17-12-1991 and on 19-12-1991 the following order was passed: An application has been moved by Shri A.C. Tewari praying that the writ petition be dismissed as not pressed. Along with the application a Vakalatnama of the Petitioner Daya Shanker has been filed. In these circumstances this petition is dismissed as not pressed. The affidavit filed in support of the present writ petition No. 37641 of 1991 was sworn on 16-12-1991 and it was got reported from the office of the Stamp Reporter on 18-12-1991 and was filed in the office of the same day. It was heard on 20-12-1991 when notice was directed to be Issued.;