The Allahabad High Court has rejected an application while observing the applicants have misused the process of law by filing successive applications before the Court suppressing material facts and documents and misled the Court.
A Single Bench of Justice Sanjay Kumar Singh passed this order while hearing an application under Section 482 CrPC filed by Vinod and 2 others.
Honesty, fairness, purity of mind should be of the highest order to approach the court, failing which the litigant should be shown the door, the Court said.
By means of the application under Section 482 CrPC, the applicants have made a prayer for quashing the charge-sheet dated 4.6.2020 and summoning order dated 16.9.2020 in Criminal Case under Sections 323, 504, 506, 325, 308 IPC pending in the Court of Chief Judicial Magistrate, Maharajganj.
At the outset on the matter being taken up, Counsel for the complainant / opposite party no 2 raised preliminary objection that the applicants have not come with clean hands before the Court as the averment in the affidavit filed in support of this application “that this is the first application on behalf of the applicants before the Court” is incorrect and false.
The Court noted,
In support of his submission, he pointed out that earlier the applicants had preferred an application under Section 482 CrPC through Sumit Kumar Srivastava, advocate challenging the charge-sheet dated 04.06.2020, cognizance order dated 16.09.2020 as well as the entire proceedings. In the said application the applicant no1 (Vinod) was the deponent. The said application was disposed of the order dated 29.1.2021 declining to quash the proceedings of the aforesaid case before the concerned court below with further direction that applicants shall appear before the court below within 30 days and for a period of 30 days interim protection was granted to the applicants.
It is further pointed out that the said order dated 29.1.2021 has not been complied with by the applicants and thereafter they filed another application under Section 482 CrPC through S.K Tiwari advocate challenging the non bailable warrant dated 03.01.2022, 09.03.2022 and 19.04.2022 issued against them, in which the applicant no-2 (Dinesh) is the deponent and the said application is still pending before the Court.
During pendency of the aforesaid second application, the applicants have again preferred the instant third application under Section 482 CrPC through Pawan Kumar advocate, with the prayer to quash the charge-sheet dated 4.6.2020 and summoning order dated 16.9.2020 as well as entire proceedings of aforesaid case without disclosing the fact of filing aforesaid two applications.
The Court further noted that,
When counsel for the applicants was confronted with the aforesaid facts, he became speechless and did not dispute the aforesaid factual aspect of the matter. However, he submitted at the Bar that the deponent of this case is maternal uncle of applicant no 1 Vinod and he did not inform him about the filing of aforesaid applications under Section 482 CrPC Nos 1982 of 2021 and 12919 of 2022, therefore, he has not given reference of the same in the affidavit.
He has fairly submitted that since the deponent has concealed the material facts before him as well as before the Court, therefore he has no objection in imposing some cost upon the deponent.
Having heard the submissions of the counsel for the parties and examining the matter in its entirety, the Court found in the submissions of the counsel appearing on behalf of the opposite party that the applicants have not come with clean hands and tried to obtain order in their favour by playing fraud upon the Court.
The Court said that, under the facts of the case, I am of the considered view that the applicants have no respect to the order of the Court. Furthermore, they have not approached the Court with clean hands and filed this application suppressing the material facts, therefore, they do not deserve any indulgence by the Court. The courts of law are meant for imparting justice between the parties. One, who comes to the court, must come with clean hands and no material facts should be concealed. I am constrained to hold that more often the process of the court is being abused by unscrupulous litigants to achieve their nefarious design. I have no hesitation in saying that a person, whose case is based on falsehood, can be summarily thrown out at any stage of the litigation. The judicial process cannot become an instrument of oppression or abuse or a means in the process of the Court to subvert justice, for the reason that the Court exercises its jurisdiction, only in furtherance of justice. The applicants have misused the process of law by filing successive applications before the Court suppressing the material facts and documents and misled the Court. Honesty, fairness, purity of mind should be of the highest order to approach the court, failing which the litigant should be shown the exit door at the earliest point of time.
In view of the above, the Court rejected the application with costs, which is quantified at Rs 5,000 to be deposited by the deponent (Rajesh s/o Late Baccha Lal, R/o village Pakri Siswa, police station Ghughuli, District Maharajganj) within one month with the Registrar General of the Court, failing which the same shall be recovered from the deponent as arrears of land revenue. After deposition of aforesaid amount, the Registrar General shall forward the same to the account of Rajkiya Bal Greh Shishu, Allahabad being Account, State Bank of India, Khuldabad Branch, Prayagraj, which shall be used for the welfare of the children.