KISHORE SAMRITE versus STATE OF U.P. & ORS.

KISHORE SAMRITE versus STATE OF U.P. & ORS.

Both writ petitions were based on falsehood, represented abuse of judicial process driven by malice and political vendetta, and failed to substantiate allegations; transfer of petition lacked administrative propriety but not inherent jurisdiction; exemplary costs imposed for misuse and to uphold integrity of court process.

Parties
Appellant: Kishore Samrite; Respondent: State of U.P.; Affected Party: Respondent No.6; Alleged Detenue: Ms. Kirti Singh; Alleged Detenue: Dr. Bairam Singh; Alleged Detenue: Ms. Sushila @ Mohini Devi; Next Friend in WP 125/2011: Respondent No.8
Jurisdiction
India
Judgment Date
18 October 2012
Procedural Posture
Criminal Appeal / Final Appeal Judgment
Outcome
Appeal disposed; orders of High Court modified.
Legal Topics
Habeas Corpus, Abuse of Process, Natural Justice, Imposition of Costs, Judicial Administration, Public Interest Litigation
Constitutional Law Administrative Law Criminal Law Habeas Corpus Abuse of Process Natural Justice Imposition of Costs Judicial Administration +1 more

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Parties

Kishore Samrite

Appellant

State of U.P.

Respondent

Respondent No.6

Affected Party

Ms. Kirti Singh

Alleged Detenue

Dr. Bairam Singh

Alleged Detenue

Ms. Sushila @ Mohini Devi

Alleged Detenue

Respondent No.8

Next Friend in WP 125/2011

Procedural Posture

Criminal Appeal / Final Appeal Judgment

Legal Issues

  1. 1 Whether the transfer of Writ Petition No. 111/2011 from Single Judge to Division Bench was in accordance with law and violated principles of natural justice
  2. 2 Whether the writ petitions constituted abuse of process of court and justified imposition of exemplary costs
  3. 3 Whether allegations regarding illegal detention and rape incident were substantiated

Ratio Decidendi

Both writ petitions were based on falsehood, represented abuse of judicial process driven by malice and political vendetta, and failed to substantiate allegations; transfer of petition lacked administrative propriety but not inherent jurisdiction; exemplary costs imposed for misuse and to uphold integrity of court process.

Court Disposition

Appeal disposed; orders of High Court modified.

Orders

  • Writ Petition No. 111/2011 dismissed with exemplary costs of Rs.5 lacs payable to respondent no.6.
  • Writ Petition No. 125/2011 dismissed with exemplary costs of Rs.5 lacs payable to the three alleged detenues (Ms. Kirti Singh, Dr. Bairam Singh, Ms. Sushila @ Mohini Devi).