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D. N. PATEL, JYOTI SINGH
Sanser Pal Singh – Appellant
Versus
Honble Delhi Court – Respondent
JUDGMENT
D.N. Patel, CJ. - Proceedings have been conducted through video conferencing.
C.M.No.3179/2022 (exemptions)
allowed, subject to all just exceptions.
The application is disposed of.
W.P.(C) No.1104/2022
1. Present writ petition, styled as Public Interest Litigation, has been preferred seeking the following reliefs:-
'In view of the facts and circumstances, it is therefore, respectfully prayed that this Hon'ble Court may please to:-
a) issue a writ, order or direction in the nature of mandamus to Respondent No.1 and 2 to issue direction to all the Metropolitan Magistrates (NI act) of the courts subordinate to this Hon'ble Court to:
(1) follow the direction contained in practice direction dated 21.06.2021 passed by Hon'ble Registrar General of this Hon'ble Court and to treat service of summons in one complaint under Section 138 N.I. act forming part of a transaction, as deemed service in respect of all complaints relating to dishonor of cheques issued as part of the same transaction;
(2) to execute summons/warrants on accused in another court in cheque dishonourment cases if both cases are 1n same transaction and summons / warrants are not executed on address of accused given in memo o
Public Interest Litigation should be used for redressal of genuine public wrong or injury, and not for personal gain or publicity oriented motives.
Public interest litigation must not be driven by personal interests; it should address genuine social issues, with courts vigilant against misuse for private gain.
The court emphasized the need for petitioners in public interest litigation to come with clean hands and be above suspicion, and laid down parameters to prevent misuse of public interest litigation.
The court highlighted the importance of procedural technicalities in public interest litigation and the principles of issuing a writ of mandamus.
The Court emphasizes the need for genuine public interest in Public Interest Litigation and dismisses frivolous PILs lacking public interest.
Point of Law : Courts must do justice by promotion of good faith, and prevent law from crafty invasions. Courts must maintain the social balance by interfering where necessary for the sake of justice....
Procedural technicalities should take a back seat in public interest litigation, and the principles of issuing a writ of mandamus and the need for a demand for performance before its application are ....
The application of principles of natural justice and the availability of alternative remedies in accordance with the law.
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