Repeated filing of similar petitions on the same cause of action, which have already been dismissed, constitutes an abuse of the court process and may result in costs being imposed on the petitioner.

JUDGMENT

Alka Sarin, J. - This is a petition under Section 340 read with Section 195(l)(b)(i) of the Code of Criminal Procedure, 1973 for granting sanction to initiate criminal proceedings against the respondent for the offence of knowingly filing a false affidavit (perjury) in CWP. No. 1986 of 1993, cheating, forgery and defamation and for directing the Chief Judicial Magistrate, Kurukshetra for further proceeding in Criminal Complaint No.231 of 2003.

2. The facts of the case disclose how the criminal justice system is being clogged with unnecessary litigation and how the Courts are being burdened with cases which have already attained finality, even during trying times. The petitioner has approached this Court for the fifth time for seeking the same relief under the same provisions of law by cleverly re-wording some portions of her petition. She has been unsuccessful on the earlier four occasions.

3. The facts have been culled out from the order dated 16.03.2020 (Annexure P-26) passed by this Court in CRM-M-10355-2020. The present petition itself is vaguely worded and the petitioner has, for reasons best known to her, concealed several orders passed by this Court as well as the civil court.

4. The petitioner had challenged her discontinuation/termination as a Lecturer in Kurukshetra University by filing CWP No. 1986 of 1993 in this Court. The respondent, who was Registrar of Kurukshetra University, filed a written statement in the said CWP No. 1986 of 1993. Vide order dated 19.03.1993 (Annexure P-9) CWP No. 1986 of 1993 was dismissed by a Division Bench of this Court. The petitioner filed an application praying for recalling the order dated 19.03.1993 but the said application was dismissed on 02.04.1993 (Annexure P-13). The petitioner challenged both the orders dated 19.03.1993 and 02.04.1993 before the Supreme Court of India. However, vide order dated 10.08.1993 (Annexure P-14) her SLP was dismissed. These proceedings have, thus, attained finality.

5. The petitioner thereafter filed Civil Suit No. 186 of 1994 seeking a decree of declaration and a consequential decree of mandatory injunction to the effect that her services should not have been terminated and that she be reinstated, challenging therein also the appointment of one Naresh Kumar in her place. That civil suit was dismissed and the appeal against the said dismissal was withdrawn on 19.12.1997, with permission to file a fresh civil suit. The subsequent fresh civil suit was also dismissed and the appeal filed against the judgement and decree of the Trial Court was dismissed on 14.05.2002. The judgements and decrees passed by the Trial Court and the Appellate Court have not been attached with the present petition.

6. Having been unsuccessful in the proceedings initiated by her on the civil side, the petitioner then set in motion a series of proceedings on the criminal side.

7. In 2003 the petitioner filed a complaint under Section 340 CrPC before the Chief Judicial Magistrate, Kurukshetra against the respondent and others where she averred that the accused had made false averments in CWP No. 1986 of 1993 because of which her said writ petition was dismissed. Vide order dated 26.05.2007 (Annexure P-25) this complaint was dismissed inter-alia on the ground that since the reply, which the petitioner alleged to be false, had been filed before the High Court, the Chief Judicial Magistrate, Kurukshetra could not take cognizance of the offence under Section 195 CrPC. The petitioner filed an appeal (CRA-S-1376-SB-2007) against that order which appeal was withdrawn on 26.03.2008. The order dated 26.03.2008 passed by this Court has not been attached with the present petition. In fact, the present petition is completely silent regarding the filing and fate of CRA-S-1376-SB-2007.

8. The petitioner then filed the first petition in this Court being Criminal Miscellaneous No.M-46849 of 2007 in CWP No. 1986 of 1993 under Section 340 CrPC with a prayer that the respondents be tried, convicte