IMPORTANT POINT
Wherever the Court comes to the conclusion that the process of the Court is being abused, the Court would be justified in refusing to proceed further and refuse the party from pursuing the remedy in law.

ORDER

Dr. B.S. Chauhan, J

1. Delay condoned.

2. Once it had been commented that anti-social elements i.e. FERA violators, bride burners and whole horde of reactionaries have found their safe haven in the Supreme Court and such a comment became subject matter of contempt of this Court and had to be dealt with by this Court in P.N. Duda v. P. Shiv Shanker & Ors.,1 AIR 1988 SC 1208.

3. This Court in Rathinam v. State of Tamil Nadu & Anr.,2 (2011) 11 SCC 140 quoted the observations made by the High Court in that case expressing its views that common man must feel assured to get justice and observed as under:

“Let not the mighty and the rich think that courts are their paradise and in the legal arena they are the dominant players.”

4. These judgments make one thing crystal clear that criminals do not hesitate approaching courts even by abusing the process of the court and some times succeed also. The instant case belongs to the same category. Petitioner feels that merely because he is a black- marketeer and succeeded in exploiting the helplessness of the poor people of the Society and is capable of engaging lawyers, he has a right to use, abuse and misuse the process of the court and can approach any court any time without any hesitation and without observing any required procedure prescribed by law.

5. An FIR dated 15.9.1998 was lodged against the petitioner and one other person under Section 7 of Essential Commodities Act, 1955 (hereinafter called the Act 1955) as they were found in possession of 1370 litres of blue kerosene and indulging in unauthorised sale thereof in violation of the provisions of Section 7 of the Act, 1955. After completing investigation chargesheet was filed and trial commenced.

6. The trial court vide judgment and order dated 27.10.1999/2.11.1999 found them guilty of the said offence and awarded sentence of imprisonment for one year alongwith a fine of Rs.2,000/- each. Against the aforesaid order, the appeal of the petitioner stood dismissed by the High Court vide judgment and order dated 30.7.2010. Petitioner preferred an application dated 25.7.2011 before the High Court for modifying the aforesaid judgment and order dated 30.7.2010 giving him the benefit of the provisions of Section 360 of Code of Criminal Procedure, 1973 (hereinafter called Cr.P.C.) and/or Section 4 of the Probation of Offenders Act, 1958 (hereinafter called the Act 1958). The said application was dismissed vide impugned order dated 19.9.2011.

7. It may be pertinent to mention that against the judgment and order dated 30.7.2010, the petitioner had filed SLP (Crl.) no.1469 of 2011 on 13.10.2011 which was dismissed by this Court vide order dated 27.1.2012. Subsequent thereto this special leave petition has been filed on 29.2.2012 challenging the order dated 19.9.2011. No explanation has been furnished as why the present petition could not be filed during the pendency of the earlier SLP or both the orders could not be challenged simultaneously as the order impugned herein had been passed much prior to the filing of the first SLP on 13.10.2011, and petitioner surrendered to serve out the sentence only on 13.1.2012.

8. The High Court dealt with various propositions of law while dealing with the averments raised on his behalf including the application of the provisions of Section 362 Cr.P.C. which puts a complete embargo on the criminal court to reconsider any case after delivery of the judgment as the court becomes functus officio.

9. This Court in a recent judgment in State of Punjab v. Davinder Pal Singh Bhullar & Ors. etc.,3 AIR 2012 SC 364 dealt with the issue considering a very large number of earlier judgments of this Court including Vishnu Agarwal v. State of U.P. & Anr.,4 AIR 2011 SC 1232 and came to the conclusion:

“Thus, the law on the issue can be summarised to the effect that the criminal justice delivery system does not clothe the court to add or delete any words, except to correct the clerical or arithmetical error as specifically