Re-Agitation Of Same Issue Is Gross Abuse Of Court Process: Delhi HC Imposes 10K Cost On Litigant Seeking Transfer Of Investigation To CBI

The Delhi High Court has imposed a cost of Rs. 10,000 on a litigant seeking transfer of investigation to Central Bureau of Investigation (CBI) despite a similar plea being dismissed as withdrawn by the Court on earlier occasion.

Justice Anoop Kumar Mendiratta was dealing with a plea seeking transfer of investigation of FIR to C.B.I. A similar criminal writ petition with identical prayer was dismissed as withdrawn by the Court vide order dated March 22, 2022.

The facts of the case were that the petitioner had purchased a pair of shoes from Woodland. Since the shoes were found to be defective, an online complaint was made. After lot of communications, the pair of shoes was taken back for repairs. The petitioner did not receive any response from the shoe company and, as such, a complaint was filed but FIR was not registered.

Subsequently, in 2019, the petitioner made a complaint to the DCP but there was no response. Further, he filed an application under sec. 156(3) of Cr.P.C., which was dismissed by MM. Thereafter, in compliance of the order passed by A.S.J, FIR under sec. 406 and 34 of I.P.C. was registered.

It was submitted by the counsel for the petitioner that since there was inordinate delay in investigation and recovery had not been effected, the prayer had been made for investigation by CBI. It was submitted that there was violation of Article 21 of the Constitution.

On the other hand, it was vehemently submitted by the State that since the petition had been earlier withdrawn, it acted as a res judicata and the present petition was not maintainable, claiming the same relief before the High Court.

It was also contended that there was absolutely no fresh cause of action and filing of the present petition was merely an abuse of the process of the court. It was also pointed out that the chargesheet upon investigation shall be filed in accordance with law and at this stage, for such a petty matter, it could not be judicially envisaged to refer the matter to CBI as prayed by the petitioner.

"Unfortunately, a writ petition has been again filed by the petitioner on similar grounds seeking the same relief despite withdrawal of earlier writ petition, which this Court was inclined to dismiss," the Court noted.

The Court was of the view that filing of the writ petition seeking the same relief of investigation by CBI may or may not amount to res judicata however re-agitation of the same issue was nothing but a gross abuse of the process of the court as there was no change of circumstances after withdrawal of earlier writ petition.

"The petitioner, who himself claims to be an Advocate having a practice of 31 years, has resorted to re-filing of the petition despite withdrawal of earlier writ petition for a petty dispute which is being investigated by the State in accordance with law," the Court said.

The petition was accordingly dismissed with a cost of Rs.10,000 to be deposited by the petitioner with the Delhi High Court Legal Services Committee within a period of two weeks.

Case Title: KV SAGAR v. GOVERNMENT OF NCT & ANR.

Citation: 2022 LiveLaw (Del) 391

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