Court No. - 52
Case :- CRIMINAL MISC. WRIT PETITION No. - 12597 of 2021 Petitioner :- Gokul Ram Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajeev Sawhney Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J. Hon'ble Chandra Kumar Rai,J.
Heard Sri Rajeev Sawhney, learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed for quashing the impugned F.I.R. dated 08.04.2021 arising out of Case Crime No.147 of 2021, under Section 2/3 (1) of U.P. Gangster Act, Police Station- Sarai Akil, District- Kaushambi and further not to arrest the petitioner in the above case.
At the very outset, Sri Rajeev Sawhney, learned counsel for the petitioner submitted that he was not aware of the filing of the first writ petition i.e. Criminal Misc. Writ Petition No.7941 of 2021, arising out of the same Case Crime No.147 of 2021 which was dismissed vide order dated 23.09.2021 and he came to know only about this fact on perusal of the list of fresh cases.
Order dated 23.09.2021 passed in Criminal Misc. Writ Petition No. 7941 of 2021 is quoted hereinunder:-
"Heard learned counsel for the petitioner and the learned A.G.A. This writ petition has been filed praying for the following reliefs:-
"(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report dated 8.4.2021, registered as Case Crime No. 147 of 2021, under Section- 2/3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, P.S. Sarai Akil, District- Kaushambi.
(ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents not to arrest/adopt any coercive method against the petitioner inCase Crime No. 147 of 2021, under Section- 2/3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, P.S. Sarai Akil, District- Kaushambi. "
Perusal of the impugned first information report prima facie reveals commission of cognizable offence. Therefore, in view of the law laid down by Hon'ble Supreme Court in the case of State of Haryana and others vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335 and M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918, no case has been made out for interference with the impugned first information report.
Therefore, the writ petition is dismissed leaving it open for the petitioner to apply before the competent court for regular bail as permissible under law and in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing."
It is, therefore, clear that the petitioner- Gokul Ram has deliberately given fresh Vakalatnama either through local counsel or himself for the purpose of filing the present writ petition without disclosing that his earlier petition for the same cause of action has been dismissed, and filing this petition with the statement that this is first petition.
Learned counsel for the petitioner may not be aware of this fact, however, he should have taken precaution to ascertain as to whether any petition has already been filed for the same case crime number or not as the petition is beyond time by 163 days.
We are, therefore, prima facie, of the opinion that the petitioner is responsible for this abuse of process of law.
In present days cost of running of Court is extremely high. No doubt that in a welfare State doors of the Courts are open for all and object is to provide justice to the poorest. However, those who are abusing the process of law and are wasting time of the Court by filing such successive petitions for the same cause of action, with false statement that it is the first petition, should not be allowed to misuse the forum/Court.
Accordingly, the present writ petition is dismissed with a cost of Rs. 25,000/- (Twenty Five Thousand) which the petitioner shall deposit with the Registrar General of this Court within a period of one month from today. On deposit of such cost, it shall be transmitted to the account of High Court Legal Services Committee, Allahabad. If the petitioner fails to deposit the cost of Rs. 25,000/- (Twenty Five Thousand), the Registrar General of this Court shall inform the District Magistrate/Collector, Kaushambi for recovery of the said amount as arrears of land revenue, who shall after recovering the said amount from the petitioner, transmit it to the Registrar General of this Court for depositing in the account of High Court Legal Services Committee, Allahabad within a further period of three months.
Order Date :- 23.12.2021 Rameez