Ambalal Parihar vs The State Of Rajasthan

REPORTABLE

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.3233 OF 2023 (Arising out of S.L.P.(Crl.) No. 8027 of 2023)

AMBALAL PARIHAR ... APPELLANT(S)

VS.

STATE OF RAJASTHAN & ORS. ... RESPONDENT(S)

J U D G M E N T

ABHAY S.OKA, J.

Leave granted.

2. Heard the learned counsel appearing for the

parties.

3. This is a shocking case of gross abuse of process

of law by the second to fourth respondents. At the

instance of the appellant, six First Information Reports

were registered against the second to fourth respondents.

There were two other First Information Reports registered

against the same respondents by some other first

informants. Two Criminal Miscellaneous Petitions were

Signature Not Verifiedfiled by the second to fourth respondents for quashing Digitally signed by Anita Malhotra Date: 2023.10.20 17:05:36 IST Reason: the First Information Reports filed at the instance of

the other first informants.

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4. Our attention is invited to the orders passed on

the two petitions under Section 482 of the Code of

Criminal Procedure, 1973 (for short "CrPC") filed by the

second to fourth respondents. The petitions came up

before a learned Single Judge of the Rajasthan High Court

in April, 2023 in which no interim relief was granted.

5. Thereafter, the second to fourth respondents took a

very extra ordinary step. On 5th May, 2023 a Writ

Petition was filed on the civil side by the second and

fourth respondents in which a prayer was made for issuing

a writ of mandamus for clubbing the eight First

Information Reports and consolidating them into one. The

impugned order has been passed in the said Civil Writ

Petition on 8th May, 2023. The learned Single Judge of

the High Court directed that no coercive action shall be

taken against the second to fourth respondents in

connection with all eight First Information Reports.

6. The appellant has made a very serious allegation by

relying upon the then prevailing roster notified by the

Chief Justice of the Rajasthan High Court. The

allegation is that as the learned Single Judge taking up

assignment of the criminal matters dealing with Section

482 CrPC did not grant interim relief to the second to

Criminal Appeal No.3233 of 2023 Page 2 of 6 fourth respondents in two cases, this method of filing a

Civil Writ Petition was invented in which a prayer was

made for consolidation of eight First Information

Reports. The allegation is that this was done to avoid

the roster Judge who had not granted interim relief. Not

only that this course was adopted, the second to fourth

respondents in the Civil Writ Petition prayed for interim

relief directing that no coercive action shall be taken

against the second to fourth respondents in relation to

all eight First Information Reports. The complainants

were not impleaded in the Civil Writ Petitions.

Interestingly, both in civil and criminal cases, the same

advocate represented the second to fourth respondents.

7. This is a classic case of forum hunting by the

second to fourth respondents. It transpires that

notwithstanding the aforesaid relief granted on 8th May,

2023 in the Civil Writ Petition, in the petitions under

Section 482 of CrPC for quashing, on 1st June, 2023 the

second to fourth respondents persuaded the concerned

Bench to grant relief of not taking coercive action

against them.

8. Thus, this is a case of gross abuse of process of

law. We wonder how a Civil Writ Petition for clubbing

First Information Reports could be entertained. In the

Criminal Appeal No.3233 of 2023 Page 3 of 6 roster notified by the Chief Justice, there is a separate

roster for Criminal Writ Petitions. If the Courts allow

such sharp practices, the roster notified by the Chief

Justice will have no meaning. The Judges have to follow

discipline and ought not to take up any case unless it is

specifically assigned by the Chief Justice. A Judge can

take up a case provided either the cases of that category

have been assigned to him as per the notified roster or

the particular case is specifically assigned by the Chief

Justice. Taking up a case not specifically assigned by

the Chief Justice is an act of gross impropriety. Though

a Civil Writ Petition was filed, the learned Judge ought

to have converted into a Criminal Writ Petition which

could have been placed only before the roster Judge

taking up Criminal Writ Petitions.

9. We are sure that this conduct of the second to

fourth respondents will be considered by the concerned

Court taking up petitions under Section 482 CrPC for

quashing the First Information Reports.

10. This is a fit case where the second to fourth

respondents must be saddled with costs. We quantify the

costs amount at Rs.50,000/- (Rupees fifty thousand).

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11. Hence, we allow the appeal by passing the following

order:

(a) We hold that action of filing SB Civil

Writ Petition No.6277 of 2023 by the second to

fourth respondents was nothing but a gross

abuse of process of law and it was a classic

case of forum hunting;

(b) Accordingly, we dismiss SB Civil Writ

Petition No.6277 of 2023. Therefore, the

impugned order does not survive;

(c) We direct the second to fourth respondents

to pay costs quantified at Rs.50,000/- (Rupees

fifty thousand) to the Rajasthan State Legal

Services Authority within a period of one month

from today and to produce the receipt before

this Court within a period of six weeks from

today;

(d) As narrated earlier, the conduct of the

second to fourth respondents shall be brought

to the notice of the concerned Court which is

hearing petitions under Section 482 CrPC filed

by the second to fourth respondents; and

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(e) We direct the Registrar (Judicial) of the

Rajasthan High Court to place a copy of this

order in all eight petitions under Section 482

of CrPC filed by the second to fourth

respondents for quashing First Information

Reports.

12. The appeal is allowed on the above terms.

..........................J. (ABHAY S.OKA)

..........................J. (PANKAJ MITHAL) NEW DELHI;

October 16, 2023.

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