Published on: October 29, 2023 at 22:25 IST
Court: Supreme Court of India
Citation: Ambalal Parihar V. State of Rajasthan (2023)
Honourable Supreme Court of India has held that Courts must take actions against the Litigants who are indulged in forum shopping. It is further held that taking up by a case by Hon’ble High Court Judge which is not specifically assigned by the Chief Justice is an act of gross impropriety and might result into gross abuse of process of law. It is specifically held that the Civil Writ Petition cannot filed to seek criminal jurisdiction remedy.
6. The appellant has made a very serious allegation by relying upon the then prevailing roster notified by the Chief Justice of the Rajasthan High Court. The allegation is that as the learned Single Judge taking up assignment of the criminal matters dealing with Section 482 CrPC did not grant interim relief to the second to fourth respondents in two cases, this method of filing a Civil Writ Petition was invented in which a prayer was made for consolidation of eight First Information Reports.
The allegation is that this was done to avoid the roster Judge who had not granted interim relief. Not only that this course was adopted, the second to fourth respondents in the Civil Writ Petition prayed for interim relief directing that no coercive action shall be taken against the second to fourth respondents in relation to all eight First Information Reports. The complainants were not impleaded in the Civil Writ Petitions. Interestingly, both in civil and criminal cases, the same advocate represented the second to fourth respondents.
Drafted By Abhijit Mishra
