AMBALAL PARIHAR versus STATE OF RAJASTHAN & ORS.

AMBALAL PARIHAR versus STATE OF RAJASTHAN & ORS.

Filing an SB Civil Writ Petition to club and consolidate FIRs, when done to avoid the roster judge and obtain interim protection in relation to criminal proceedings, constitutes gross abuse of process and forum hunting; such petition was liable to be dismissed and costs imposed; the roster discipline must be observed and matters of that category should be placed before the judge assigned by the Chief Justice.

Parties
Appellant: Ambalal Parihar; Respondents: State of Rajasthan & Ors.
Jurisdiction
India
Judgment Date
16 October 2023
Procedural Posture
Criminal Appeal / Hearing on Appeal From High Court Order Dated 08.05.2023 in SB Civil Writ Petition No.6277 of 2023
Outcome
Appeal allowed; SB Civil Writ Petition No.6277 of 2023 dismissed as a gross abuse of process and forum hunting; costs imposed and directions issued regarding payment and notice to concerned courts.
Legal Topics
Abuse of Process, Forum Hunting, Clubbing of Firs, Section 482 Cr PC, Writ Jurisdiction, Roster Discipline
Administration of Justice Criminal Procedure Civil Procedure Abuse of Process Forum Hunting Clubbing of Firs Section 482 Cr PC Writ Jurisdiction +1 more

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Parties

Ambalal Parihar

Appellant

State of Rajasthan & Ors.

Respondents

Procedural Posture

Criminal Appeal / Hearing on Appeal From High Court Order Dated 08.05.2023 in SB Civil Writ Petition No.6277 of 2023

Legal Issues

  1. 1 Whether filing a civil writ petition seeking clubbing of FIRs to avoid the roster judge amounts to abuse of process and forum hunting
  2. 2 Whether a judge not specifically assigned by the Chief Justice can take up a case of a particular category
  3. 3 Whether a civil writ petition seeking consolidation of FIRs and interim relief restraining coercive action was maintainable instead of a criminal writ petition

Ratio Decidendi

Filing an SB Civil Writ Petition to club and consolidate FIRs, when done to avoid the roster judge and obtain interim protection in relation to criminal proceedings, constitutes gross abuse of process and forum hunting; such petition was liable to be dismissed and costs imposed; the roster discipline must be observed and matters of that category should be placed before the judge assigned by the Chief Justice.

Court Disposition

Appeal allowed; SB Civil Writ Petition No.6277 of 2023 dismissed as a gross abuse of process and forum hunting; costs imposed and directions issued regarding payment and notice to concerned courts.

Orders

  • We hold that filing SB Civil Writ Petition No.6277 of 2023 by the second to fourth respondents was gross abuse of process of law and a case of forum hunting.
  • SB Civil Writ Petition No.6277 of 2023 is dismissed.