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2001 DIGILAW 1131 (AP)

M. Balakrishna Reddy IPS v. Director, Central Bureau of Investigation through officer of Central Bureau of Investigation, hyderabad

2001-09-27

BILAL NAZKI, L.NARASIMHA REDDY

body2001
BILAL NAZKI, J. ( 1 ) HEARD the learned Counsel for the parties. The petitioner filed a writ petition being W. P. No. 27619 of 1997 seeking quashing of F. I. R. filed against him in madhya Pradesh. The F. I. R. had been filed in the year 1997 and the petitioner has been so far successful in stalling the criminal proceedings in Madhya Pradesh. The writ petition was ultimately dismissed by a division Bench of this Court on 13-7-2000. All the arguments advanced at the bar were considered by the Division Bench and it came to the conclusion that the criminal case filed against the petitioner was based upon the accusation relating to writing of examination by the petitioner on 1-11-1996 at Bhopal. Now a review petition has been filed on the ground that part of cause of action had occurred in Andhra Pradesh. This has been considered by the Division bench and the Division Bench has held,"but, in any event, this Court is not having any jurisdiction as no part of cause of action arose in Andhra pradesh. " ( 2 ) BY filing this review petition the petitioner wants this Court to rehear the matter, which cannot be permitted. No ground for review is available and hence this review petition is dismissed. ( 3 ) THE Conduct of the petitioner has been simply condemnable. He has tried to abuse the process of this Court. After the writ petition was dismissed by this Court on 13-7-2000, he filed another application being Crl. P. No. 3803 of 2000 under section 482 of the Code of Criminal procedure seeking quashing of the charge-sheet filed against him. This petition was filed on 18-9-2000. Going through this petition one comes to only conclusion that the petitioner wanted to deceive the Court and he was successful in obtaining the stay. The petitioner knew that his writ petition was dismissed by a Division Bench of this court. He also knew that petitions under section 482 of the Code of Criminal procedure are listed before a Single Judge and the Single Judge would not be knowing that the petitioner had earlier filed writ petition which had been dismissed on merits. To come out of the clutches of the court para-6 of this petition was carefully drafted. He also knew that petitions under section 482 of the Code of Criminal procedure are listed before a Single Judge and the Single Judge would not be knowing that the petitioner had earlier filed writ petition which had been dismissed on merits. To come out of the clutches of the court para-6 of this petition was carefully drafted. Para-6 states,"it is respectfully submitted that a w. P. No. 27649/97 was filed by the petitioner to quash the FIR against him. The same was admitted and all further investigation and proceedings in the matter stayed. Even as the matter stood thus the then I. O. of the case Mr. Atul Hajela filed a charge sheet in the case with the single purpose of rendering the writ petition infructuous and the same argument was advanced by their Counsel during the course of hearing of the said writ petition. " ( 4 ) WITHOUT saying that the writ petition had been dismissed on merits, the petitioner placed the information before the court that he had filed a writ petition being w. P. No. 27649 of 1997. The assertions made in this Para of the writ petition were clearly false and an impression was created that in spite of the stay granted in the writ petition, the I. O. had filed the charge-sheet for the purposes of making the writ petition infructuous, but the fact of the matter remains that the writ petition had been decided on merits and thereafter the charge-sheet had been filed. The petitioner has clearly been abusing and misusing the process of this Court. After stay was granted in this petition, the respondents filed a vacate stay petition and eventually the matter was sent to the Division Bench as the review petition was pending in this court. Since the ground taken in Crl. P. No. 3803 of 2000 have substantially been covered by the judgment of the Division bench of this Court in W. P. No. 27649 of 1997, this criminal petition is dismissed. In view of the conduct of the petitioner, we impose exemplary costs of Rs. 10,000/- (Rupees Ten Thousand only) on him. It shall be deposited towards A. P. Chief justice Relief Fund within four weeks from today. If the costs are not paid within the time stipulated, the Registry shall take appropriate steps for recovery of the costs.