Recently, a Petition came before the Punjab and Haryana High Court.
In this Petition, a direction for Registration of FIR was sought against the Respondents. Further prayer was to dissolve an educational charitable trust and to appoint the Petitioner as Secretary of the said Trust.
The Counsel for the Government pleaded that the Petitioner has not approached the court with clean hands and multiple litigations have been initiated for the same cause of action. Further, the Petition is liable to be dismissed for concealment of material facts.
Counsel for the Petitioner accepted the pendency of civil suits on the same cause of action and could not give a satisfactory reply as to why it was not disclosed in the Petition.
Hon’ble Court observed that the Petitioner should have availed the remedy under Section 156(3) of Cr.P.C for redressal of his grievance, before directly approaching the High Court.
Considering the concealment by the Petitioner, the High Court intended to dismiss the Petition with a cost of Rs. 50,000 to be deposited in Covid-19 fund created by U.T. Administration, Chandigarh.
“I Have Been Instrumental in Making Many a Judge, How Can My Petition Be Dismissed” Lawyer to High Court
However, at that juncture, the Counsel for the Petitioner stated that paying cost is not the issue. He has been instrumental in making many a Judge. He can even pay 1 lac cost. But how can his petition be dismissed.?
The actual statement of the Counsel as recorded in Order is reproduced hereinunder:
“At this stage, learned counsel for the petitioner very rowdily exuberates that paying costs is not an issue and he is even ready to pay Rs.1.00 lac towards the same. He also boisterously claims that he has been instrumental in making many a judge and how can his arguments/contentions, therefore, be rejected by this court to dismiss the instant petition. To say the least, the tone, tenor, manner and conduct of the learned counsel for petitioner leaves a lot to desire. Yet, taking a lenient view thereof, this court rather prefers self-restraint from taking any further action. However, on the invitation of the learned counsel for the petitioner, the cost imposed is enhanced to Rs.1 lac.”
Therefore ultimately the Petition was dismissed with a cost of 1 lac.
Title: Shiv Kumar Chauhan vs State of Haryana
Case No: CRM-M-10422 of 2020
Coram: Hon’ble Justice Arun Monga
Date of Order: 03.11.2020