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HIGH COURT OF RAJASTHAN
ANOOP KUMAR DHAND
SH. MOHANLAL S/O SHRI JHABARMAL, – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLMP/9188/2022
CRIMINAL PROCEDURE CODE - SECTION 482 - ABUSE OF PROCESS OF LAW - WITHDRAWAL OF EARLIER PETITION - FILING OF SIMILAR PETITION WITHOUT DISCLOSING EARLIER PROCEEDINGS - DISMISSAL WITH COSTS
Fact of the Case:
The petitioners filed a petition under Section 482 Cr.P.C. to quash the cognizance order and the revision order passed against them. The petitioners had earlier filed a similar petition with the same prayer, which was withdrawn by them with liberty to take all averments against the impugned order at the time of charge. However, the petitioners filed the instant petition without waiting for the stage of framing of charge and without disclosing the earlier proceedings.
Finding of the Court:
The court found that the petitioners had suppressed and concealed the facts of the earlier petition and had tried to mislead the court. The court held that such conduct amounted to gross abuse of the process of law and that the petition was liable to be dismissed with costs.
Issues: Whether the petitioners had abused the process of law by filing the instant petition without disclosing the earlier proceedings.
Ratio Decidendi: The court relied on the judgment in Kastur Chand Vs. the Board of Revenue, Rajasthan, Ajmer and Others, in which it was held that a litigant who files any case before any forum has to come with clean hands and has to disclose complete facts before the court. The court held that the petitioners had failed to do so and had therefore abused the process of law.
Final Decision: The petition was dismissed with costs of Rs. 10,000/-. The petitioners were directed to deposit the amount of cost with the District Legal Services Authority, Sikar within a period of one month from the date of the order.
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 9188/2022
1.
Sh. Mohanlal S/o Shri Jhabarmal, Aged About 54 Years,
R/o Pacharon Kee Dhani, Tan Daalmas, P.S.
Lakshmangargh, District Sikar, Rajasthan.
2.
Smt. Babita W/o Sh. Mohanlal, Aged About 48 Years, R/o
Pacharon Kee Dhani, Tan Daalmas, P.S. Lakshmangargh,
District Sikar, Rajasthan.
3.
Sh. Ramesh S/o Sh. Mohanlal, Aged About 29 Years, R/o
Pacharon Kee Dhani, Tan Daalmas, P.S. Lakshmangargh,
District Sikar, Rajasthan.
4.
Sh. Narendra S/o Sh. Mohanlal, Aged About 25 Years, R/o
Pacharon Kee Dhani, Tan Daalmas, P.s. Lakshmangargh,
District Sikar, Rajasthan
----Petitioners
Versus
1.
State Of Rajasthan, Through P.P.
2.
Kamla Devi W/o Hariram, R/o Pacharon Kee Dhani, Tan
Daalmas, P.S. Lakshmangargh, District Sikar, Rajasthan
3.
Vikas S/o Hariram, R/o Pacharon Kee Dhani, Tan
Daalmas, P.s. Lakshmangargh, District Sikar, Rajasthan
----Respondents
For Petitioner(s)
:
Dr. Yogesh Kumar Gupta, Adv.
For Respondent(s)
:
Mr. Prashant Sharma, PP
HON'BLE MR. JUSTICE ANOOP KUMAR DHAND
Order
03/01/2023
This petition has been filed by the petitioners under
Section 482 Cr.P.C. with the following prayer:-
“In view the facts and circumstances stated
above, it is, therefore, most respectfully prayed
that this Hon’ble Court may graciously be
pleased to:
(2 of 5)
[CRLMP-9188/2022]
(a) Pass an appropriate Order wherein accept
the present Petition under Section 482 Cr.P.C.
and quash and set aside the Order dated
18.09.2021 passed by Shri Rajesh Sharma, -I
(RJS) (District Judge Cadre) Additional Session
Judge, Lakshmangarh, District Sikar, Rajasthan
in Criminal Revision no./CIS No.52/2019 and
against the cognizance Order dated 25.06.2016
passed by Dr. Renu Shrivastava, Additional Chief
Judicial Magistrate, Lakshmangagh in FIR No.
122/2015 and in FR No. 58/2015 P.S.
Lakshmangagh U/S 452, 323 and 341/34 IPC
and all the consequential/incidental proceedings
arising therefrom. And/Or:
(b) Pass any other order(s) as this Hon’ble Court
may deem fit and proper in the facts and
circumstances of the case and also in the
interest of justice.”
At the outset, it is found that with regard to similar
prayer, the same petitioners filed similar S.B. Criminal
Miscellaneous Petition No. 6655/2021 titled as ‘Mohan Lal and
Others Vs. the State of Rajasthan and Others’ before this Court
with the following prayer:
“It is, therefore, most humbly and respectfully
prayed that this Hon’ble Court may kindly be
pleased to quash and set aside the cognizance
order dated 25.06.2016 passed by Additional
Chief Judicial Magistrate Lakshmangarh, District
Sikar in Criminal Case no. 349/2016 u/s 452,
323, 341/34 IPC in connection to the FIR no.
122/2015 and in FR no. 56/2015, and the
Revision Order dated 18.09.2021 passed by
Additional Session Judge Lakshmangarh, District
Sikar in Criminal Revision no.52/2019 in the
interest of justice.
Any any other appropriate relief by way of
order or direction which deems to be fit and
proper in favor of the petitioner may kindly be
passed.”
(3 of 5)
[CRLMP-9188/2022]
The above petition was withdrawn by the petitioners on
27.08.2022 with liberty to take all averments against the
impugned order at the time of charge.
Suppressing and concealing the facts, again the
petitioners have approached this Court and submitted instant
petition with the similar prayer by challenging the same impugned
order without waiting the stage of framing of charge.
There is no averment made in the entire pleadings of
this petition that earlier the petitioners submitted similar petition
with the same prayer and the same was withdrawn by them.
Such action of the petitioners amounts to gross abuse
of the process of law. Such conduct of the petitioners is required
to be deprecated by this Court and this pe
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