Allahabad HC rebukes petitioners, counsel for filing successive writ petitions challenging same FIR; imposes Rs 50k Cost

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Court noted that the second petition had been filed without taking leave from the court and the counsel for the petitioner was deliberately avoiding the court proceeding

The Allahabad High Court recently came down heavily upon two petitioners and their counsel in a writ petition filed challenging an FIR against the petitioners. 

The bench of Justice Rahul Chaturvedi and Justice Vivek Kumar Singh noted that although the petitioners' one petition challenging an FIR against them registered under Sections 363 and 366 IPC had been rejected by the high court on September 6, 2023, they filed a fresh petition just five days later "challenging the same FIR. 

"The conduct of the petitioner as well as counsel of the present petition is highly deplorable and condemned in its strongest terms," said the bench. 

It added, "It is cheating qua the client as well as the Court. It is established that without taking leave from the Court, no second writ petition could be filed but the petitioner has got an audacity to file successive writ petition for the same cause of action".

The bench stressed that this position was not at all acceptable and needed to be dealt with iron hands.

Therefore, while rejecting the instant petition as well, court imposed an exemplary cost of Rs.50,000 upon the petitioners.

Court ordered them to get the amount deposited by 10th of October, 2023 before the Registrar General of the high court. 

"...failing which, the District Magistrate, Kasganj is directed to recover the amount of Rs.50,000 by way of 'land revenue' and get the same recovered from the petitioner and get the amount deposited in the Allahabad High Court Legal Services Committee by 30th October, 2023 positively," directed the court. 

Court further emphasised that "no laxity would be tolerated in this regard and the District Magistrate shall be responsible".

Case Title: Smt. Jasoda And Another v. State of UP and 3 Others