Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 25516 of 2019 Petitioner :- Garima Awasthi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arun Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record.
By means of the present petition, the petitioner has sought following reliefs, which are quoted hereinbelow:-
"(i) Issue a writ or direction in the nature of certiorari for quashing the impugned F.I.R. dated 16.12.2017 registered as Case Crime No.615 of 2017 u/s 420, 467, 468, 471, 120-B of I.P.C. Police Station Govind Nagar District Kanpur Nagar.
(ii) Issue a writ order or direction in the nature of mandamus commanding the respondents not to arrest the petitioner in pursuance of F.I.R. dated 16.12.2017 registered as Case Crime No.615 of 2017 u/s 420, 467, 468, 471, 120-B of I.P.C. Police Station Govind Nagar District Kanpur Nagar."
At the very outset, learned counsel for the petitioner has submitted that this is the third writ petition filed by the petitioner as earlier, the petitioner had approached this Court by filing a writ petition for quashing of the F.I.R. The said petition was dismissed and thereafter filed another application under Section 438 Cr.P.C. for seeking anticipatory bail which was also dismissed with the direction that the petitioner shall move an application seeking anticipatory bail.
Considering the submission advanced by learned counsel for the petitioner, the averment has been made in the writ petition indicating that this is the first writ petition before this Court, whereas in fact the petitioner has earlier filed writ petition claiming the same relief which was dismissed. If such thing is allowed to happen, it would result in giving full encouragement to an unscrupulous litigant to absue the process of the High Court exercising its writ jurisdiction. Thus, filing of the successive petition for the same cause is nothing, but sheer abuse and misuse of the process of Court. The petitioner pursuits of filing third petition without any remorse that earlier petition was dismissed, an effort has been made to obtain favourable order. The Hon'ble Apex Court in Dalip Singh Vs. State of U.P. 2010 (2) SCC 114 has observed that "if a litigant is guilty of suppressing the facts or not disclosing the facts, then such a petition should be dismissed without adjudicating on merits."
In these tremendous and overwhelming situation, this Court quantifies the cost of Rs.50,000/- (Rs. Fifty Thousand only) upon the petitioner, which shall be payable by her within one month through bank draft with the Welfare Fund of High Court Legal Cell, Allahabad and in case the petitioner fails to pay the cost within the time framed as above, the same shall be recovered with 10% interest as arrears of land revenue.
Resultantly, the writ petition is dismissed with cost.
A copy of this order be communicated to the Registrar General of this Court for information and necessary action.
Order Date :- 16.12.2019 SK Goswami