Smt. Chandrama Devi Agrahari penalized Rs. 1 lakh for concealing facts in application under Section 482 Cr.P.C.
In a significant ruling, the Allahabad High Court (Lucknow Bench), presided over by Justice Brij Raj Singh, dismissed the application filed by Smt. Chandrama Devi Agrahari under Section 482 of the Criminal Procedure Code (Cr.P.C.) with exemplary costs. The court found that the applicant suppressed material facts and misrepresented information regarding the pendency of a criminal revision challenging the same summoning order.
The application aimed to quash the proceedings of Complaint Case No.1914 of 2023 and a related summoning order and bailable warrant issued by the Additional Chief Judicial Magistrate, Sultanpur. The court emphasized the mandatory requirement under Rule 3(5), Chapter XVIII, Part-III of the Allahabad High Court Rules, 1952, which mandates the disclosure of any pending similar proceedings in lower courts.
Justice Singh underscored that suppressing material facts constitutes fraud on the court, warranting dismissal with costs. Consequently, the court imposed an exemplary cost of Rs. 1,00,000 on the applicant, with Rs. 30,000 directed to be paid to the opposite party and Rs. 70,000 to the State Legal Services Authority.
The judgment reiterated the ethical duty of litigants to approach the court with clean hands, stating that any form of fraud or misrepresentation vitiates the judicial process. The court also directed the Registry to strictly adhere to the procedural requirements for future applications under Section 482 Cr.P.C.
This decision serves as a stern reminder against the misuse of judicial processes and underscores the judiciary's commitment to upholding integrity within legal proceedings.
Bottom Line:
Suppression of material facts or misrepresentation by an applicant in proceedings under Section 482 Cr.P.C. violates Sub-Rule (5) of Rule 3, Chapter XVIII, Part-III of the Allahabad High Court Rules, 1952, and warrants dismissal of the petition with exemplary costs.
Statutory provision(s): Section 482 Cr.P.C., Rule 3(5), Chapter XVIII, Part-III of the Allahabad High Court Rules, 1952, Section 340 Cr.P.C., Section 379 and Section 215 of Bharatiya Nagarik Suraksha Sanhita, 2023
Smt. Chandrama Devi Agrahari v. State of U.P., (Allahabad)(Lucknow) : Law Finder Doc id # 2897092
