Rajasthan High Court Dismisses Frivolous Petition with Exemplary Costs
Advocate Faces Penalty for Misusing Judicial Process with Baseless Allegations Against Government Officials
In a significant ruling, the Rajasthan High Court has dismissed a petition filed by Advocate Puran Chander Sen against various government officials and media personalities, deeming it frivolous and vexatious. The petition sought the registration of an FIR based on vague allegations related to the Amendment Bill - 2019, which the petitioner claimed was intended to oppress Muslims and individuals of secular ideology. The Court, presided by Mr. Sudesh Bansal, J., underscored the importance of adhering to professional ethics and the responsibility of advocates to uphold the integrity of the judicial process.
The petitioner had approached the court to challenge the decisions of the Judicial Magistrate and Additional Sessions Judge, which had previously dismissed his complaints due to lack of jurisdiction and substantive evidence. The Court reiterated that FIR registration is mandatory under Section 154 of the Cr.P.C. only if a cognizable offence is disclosed. It found that the allegations lacked specificity and did not establish any jurisdiction or prima facie case, thereby failing to meet the legal standards required for FIR registration.
The judgment highlighted the misuse of judicial time and resources by filing petitions with unsubstantiated allegations, which the Court emphasized should be deterred through exemplary costs. The petitioner was ordered to pay Rs. 50,000 as costs to the Litigants Welfare Fund, setting a precedent to discourage similar conduct in the future.
Bottom Line:
Filing of frivolous petitions with unsubstantiated allegations against government officials and legislative processes warrants dismissal with costs to deter misuse of judicial processes.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528, Criminal Procedure Code Section 154, Advocates Act, 1961
Puran Chander Sen v. State of Rajasthan, (Rajasthan)(Jaipur Bench) : Law Finder Doc Id # 2783414
