Supreme Court Sounds Note Of Caution After High Court Judge Entertains Civil Writ Petition For Clubbing FIRs, Imposes 50K Cost On Litigant

The Supreme Court recently exposed a shocking case of abuse of legal procedures before the Rajasthan High Court where after denial of interim relief under Section 482 CrPC for quashing FIR, the accused (respondents herein) filed a civil writ petition for consolidation of all FIRs and also managed to get protection from any coercive action.

This move was allegedly aimed at circumventing the roster Judge who had denied them relief under criminal jurisdiction.

The Court opined that this abuse of the legal process not only undermines the roster system but also disrespects the importance of following established judicial procedures.

The Court observed “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 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…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.”

The Supreme Court bench comprising Justices Abhay S. Oka and Justice Pankaj Mithal was hearing an appeal against the order of Rajasthan High Court granting the respondents protection from any coercive action.

The controversy began when six FIRs were registered against the respondents at the appellant's behest, along with two other FIRs filed by other informants. The respondents then filed a Criminal Miscellaneous petition under Section 482, CrPC before the Rajasthan High Court, seeking to quash the FIRs. However, these petitions were heard by a Single Judge who did not grant interim relief.

Subsequently, on May 5, 2023, they filed a civil writ petition, requesting the consolidation of all eight FIRs into a single case which was allowed. The High Court also directed that no coercive action should be taken against the respondents in connection with all eight FIRs.

The appellant alleged that the respondents exploited the prevailing roster system of the Rajasthan High Court to their advantage. He claimed that the civil writ petition was filed with the sole purpose of avoiding the roster Judge who had not granted them interim relief. It was pointed that they also sought interim relief in the civil writ petition, protecting them from coercive action regarding all eight FIRs, while the complainants were not even involved in the Civil Writ Petitions.

The Court observed that “this was a classic case of forum shopping”. The Court imposed a cost of 50,000 and made it clear that such conduct would not be tolerated, and it emphasized the need for all parties to respect the court's procedural rules and guidelines.

Therefore, the court ordered “Accordingly, we dismiss SB Civil Writ Petition No.6277 of 2023. Therefore, the impugned order does not survive. 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.”

Case title: Ambalal Parihar v. State of Rajasthan

Citation: Criminal Appeal No.3233 OF 2023

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