HC imposes Rs one lakh as cost for frivolous petition

HC imposes Rs one lakh as cost for frivolous petition

"The petition being frivolous is dismissed with a cost of Rs 1,00,000," said Justice Shiv Narayan Dhingra in a judgement and directed the accused persons to deposit the amount with the Delhi High Court Legal Services Committee.

"This petition is a gross misuse of the judicial process. The accused persons have come for the second time before this court assailing the procedure adopted by the Metropolitan Magistrate(MM)," Justice Dhingra added.

"The whole effort of the accused persons seems to be not to allow the trial procedure further. The case is a glaring example how the trial can be stalled by adopting delaying tactics" the court said.

Referring to the January 2000 order of Chief Metropolitan Magistrate's(CMM) dismissing their first application questioning the procedure adopted by the MM, the HC said that the accused had filed an application in 2009 raising the same issue which the CMM had dismissed.

A joint petition was filed before Justice Dhingra by Mohan Lal Jatia, his wife, son and two other persons challenging the CMM's December 2009 order. The accused persons have been facing trial before the MM on the charge of filing a false affidavit before the Supreme Court in 1994 in case filed by them challenging their detention by government agency.

Taking note of the fact, the apex court had directed CBI to inquire into the entire episode by the accused persons. CBI had, in a sealed cover, submitted a report before the Registrar of Supreme Court about the alleged offence committed by the accused persons.

The Registrar, had sent a copy of the report to the CMM with a recommendation to initiate criminal proceedings against them. In 1999, the CMM marked the case for hearing to a MM which had summoned the accused persons.

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