Full Judgment Text
2023 INSC 946
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
filed by the second to fourth respondents for quashing
Signature Not Verified
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.
Criminal Appeal No.3233 of 2023 Page 1 of 6
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
th
very extra ordinary step. On 5 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
th
Petition on 8 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
th
notwithstanding the aforesaid relief granted on 8 May,
2023 in the Civil Writ Petition, in the petitions under
st
Section 482 of CrPC for quashing, on 1 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).
Criminal Appeal No.3233 of 2023 Page 4 of 6
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
Criminal Appeal No.3233 of 2023 Page 5 of 6
(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.
Criminal Appeal No.3233 of 2023 Page 6 of 6