SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(MP) 909


2025 MPHC-IND 35329
IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
VIJAY KUMAR SHUKLA, BINOD KUMAR DWIVEDI, JJ.
Sachin Sisodiya – Petitioner 
Versus 
The State Of Madhya Pradesh And Others – Respondents
Writ Petition No. 41584 of 2025 
Decided On : 03-12-2025
Advocates Appeared :
For the Petitioner : Shri Lakhan Bhawre, Shri Sagar Kharte and Shri Rakesh Kumar Ahirwar, Advocates 
For the Respondents : Shri Anand Soni, Additional Advocate General.


Advocates:
Sagar Kharte[P-1],Advocate General[R-1]

Public interest litigation cannot be utilized as a tool for personal vendetta or harassment. Courts must actively discourage frivolous filings and protect the integrity of the legal system by imposing exemplary costs on individuals who abuse the process of law for oblique or malicious motives.

Headnote:(A) Public Interest Litigation - Abuse of process - Filing of successive petitions after withdrawal - Use of judicial machinery to settle personal scores and harass public officials - Courts duty to maintain purity of litigation and prevent misuse of jurisdiction for oblique motives. (Paras 5, 6, 9)

(B) Costs - Imposition of exemplary costs - Justification for, when litigation is filed with ulterior motives or as a tool for vendetta - Recovery mechanism for non-payment of costs as arrears of land revenue. (Paras 9, 10)

Facts of the case:
A petition was filed purportedly in public interest seeking registration of criminal proceedings against a public servant. The court observed that the petitioner had previously filed similar petitions which were withdrawn after the victim himself approached the court and entered into a compromise. Evidence was presented regarding the petitioner's underlying personal vendetta against the respondent.

Findings of Court:
The court determined that the petition was not filed in good faith or for public welfare, but was a motivated attempt to harass the private respondent, constituting a clear abuse of the legal process.

Issues: The main issues addressed were whether a petition filed to satisfy personal vengeance under the guise of public interest could be entertained and whether the conduct of the petitioner warranted the imposition of exemplary costs.

Ratio Decidendi: The court maintained that the judiciary must remain vigilant to ensure that public interest litigation is not weaponized for private grievances. Because the petition was found to be frivolous and intended to settle personal scores, the court exercised its duty to protect the integrity of the judicial system by dismissing the petition and imposing exemplary monetary costs.

Result: Petition dismissed with exemplary costs of Rs. 1,00,000/- to be deposited within one month.

Table of Content
1. procedural history of repeated litigation and the petitioner's standing. (Para 1 , 2 , 3 , 4)
2. requirement to curb frivolous pils aimed at private vendetta. (Para 5 , 6 , 7 , 8)
3. imposing exemplary costs for abuse of process. (Para 9 , 10 , 11)

ORDER

Vijay KumarShukla, J.

The present petition is filed in the nature of Public Interest Litigation by one Sachin Sisodiya seeking a direction against the respondent No.5 - Saurabh Kushwaha, Reserve Inspector (RI) for registration of FIR in Police Station AJK, District Khargone against respondent No.6 - Rahul Chouhan.

2. Learned counsel for the State raise a preliminary objection regarding maintainability of the present Public Interest Litigation. He has drawn the attention of this Court towards Annex.-P/3 stating that for similar relief a Public Interest Litigation was filed by one Arun i.e. Writ Petition No.34981/2025 and he was represented by one of the counsel i.e. Shri Rakesh Kumar Ahirwar, advocate, who is also an advocate in the present petition along with Shri Lakhan Bhawre, other advocate and the said petition was dismissed as withdrawn on 04/09/2025, which is reproduced as under:

"The present petition in the nature of Public Interest Litigation has. been filed by the petitioner seeking justice for one Rahul Chouhan, Constable posted at Police Station Khargone for the incident that took place on 23.08.2025.

Shri Lakhan Bhawre, learned counsel submits that he has filed a separate petition on behalf of Rahul Chouhan.

Once, the victim himself has approached this Court seeking justice, the present petitioner need not to invoke the jurisdiction of this Court by way of PIL as this issue is related to a citizen who has already approached this Court.

At this stage, learned counsel for the petitioner prays for withdrawal of this petition.

Prayer is allowed.

Accordingly, this petition stands dismissed as withdrawn."

3.A writ petition i.e. Writ Petition No.35388/2025 was filed by respondent No.5 - Rahul Chouhan in which victim compromised the matter and after verification of compromise by Principal Registrar of this Court, the petition was dismissed as withdrawn vide order dated 15/10/2025. Copy of the order dated 15/10/2025 is filed vide Document No.16345/2025, which is reproduced hereunder:

"1. Petitioner is present in person. In compliance of the order dated 14.10.2025 the petitioner appeared before the Principal Registrar of this Court. The Principal Registrar has submitted his report stating that he has identified the petitioner, who has categorically stated that he does not wish to prosecute this petition any further and wants to withdraw the same.

2. Thus since the petitioner himself is no longer interested in prosecution of the petition and wants to withdraw the same, his prayer is allowed and the petition is dismissed as withdrawn."

4. The contention of learned counsel for the State is that the present petition is nothing but an abuse of Public Interest Litigation with ulterior motive to blackmail the private respondent with some personal vengeance. He submitted that repeated petitions are being filed against the said police officer for taking action against him. He has also produced before us certain Screenshots of the Facebook posts, which are taken on record and are reproduced hereunder:

5. It is very surprising that one of the counsel, who had appeared in the earlier Public Interest Litigation i.e. Writ Petition No.34981/2025, apart from the complaint filed this Public Interest Litigation after withdrawing the previous petition.

6. Prima facie we are satisfied that the present petition is an glaring example of abuse of Public Interest Litigation. The Apex Court in the case of State of Uttaranchal Vs. Balwant Singh Chaufal and Others reported in (2010) 3 SCC 402 in paragraph 181 of the judgment has held as under:

"181. We have carefully considered the facts of the present case.

We have also examined the law declared by this Court and other courts in a number of judgment

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top