Obtaining Favourable Orders By Foul Means Like Back-Stabbing Solemn Court Proceedings: Allahabad High Court Imposes ₹50K Cost

The Allahabad High Court recently imposed Rs. 50K cost on a revisionist/accused of attempting to extract favorable orders by adopting foul means. The Court termed such 'malpractices' as back-stabbing the solemn Court proceedings.

The Bench of Justice Rahul Chaturvedi further observed that the law courts should be beware of such types of unscrupulous and unethical litigants and their advising counsels and that they should be handled with iron hands by imposing exemplary costs upon such a litigant.

Essentially, two revisionists moved a plea assailing the legality of an order of Sessions Judge/Special Judge (POCSO) Act, Gorakhpur by which they were summoned u/s 319 CrPC to face prosecution in a case registered under Sections 363 and 376 IPC.

Perusing the testimony of the victim, the High Court noted that she had clearly indicated that revisionists had committed sexual assault on her and in view of this, the Court dismissed the revisions plea.

However, before parting with the order, the Court noted that the revisionists had already challenged the impugned order before the High Court by means of filing a Section 482 CrPC, and the matter was argued by the same advocate, who had filed the instant revision plea.

In that application, the HC (on Jan 7, 2022) had ordered them to surrender before the Court within 4 weeks, however, the Court noted that instead of abiding by the direction of the Court, the revisionists again knocked on the doors of this Court by filing the instant revision.

In view of this, the Court opined that taking up subsequent proceedings by way of filing the revision is nothing but coming to the Court in its second innings.

"This is per se a deplorable practice on the part of revisionists, an unpardonable sin. The revisionists are trying their hands to get some favorable orders from this Court by hook or by crook...Such type of practice is nowadays rampant in the Court of law, where unscrupulous litigant wants to extract some favorable orders by adopting any foul means. This type of malpractice could safely be termed back-stabbing in the solemn Court proceedings, where fair play is the touchstone. The law courts are advised to beware of such type of unscrupulous and unethical litigants and their advising counsels and should handle them with iron hands by imposing exemplary cost upon such a litigant," the Court further stressed.

Consequently, the Court while rejecting the instant revision, impose a cost of Rs. 50,000/- upon the revisionists [Sunny Yadav and Devvrat @ Deobrat Chaudhari].

Case title - Sunny Yadav And Another V. State Of U.P. And 3 Others

Case Citation: 2022 LiveLaw (AB) 233

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