Allahabad High Court
Smt. Shahsi Goyal vs State Of U.P. And Another on 7 July, 2010
Author: Vinod Prasad
Bench: Vinod Prasad
Court No. - 54 Case :- APPLICATION U/S 482 No. - 5910 of 2010 Petitioner :- Smt. Shahsi Goyal Respondent :- State Of U.P. And Another Petitioner Counsel :- Vishwanath Pandey Respondent Counsel :- Govt. Advocate,Vishnupal Singh Hon'ble Vinod Prasad,J.
Heard learned counsel for the applicant and the learned AGA.
At the time of hearing of this Crl. Misc. Application being Crl. Misc. Application No. 5910 of 2010, it was brought to my notice that the present applicant Smt. Shashi Goyal has approached this Court on earlier occasions also with the same relief in the same crime number and repeatedly she has been flouting the order obtained from this Court by prevarication. On such mention being made, the record of earlier Criminal Misc. Applications being Crl. Misc. Application No. 26246/2007, Crl. Misc. Application No. 27580/2007 and Crl. Misc. Application No. 6621/2009 were summoned by me. Since all the four Criminal Misc. Applications are related with crime no. 142/2007, under Sections 498-A, 323, 504 I.P.C. and 3/4 D.P. Act relating to P.S. Hapur Dehat, District Ghaziabad, hence all the aforesaid applications are clubbed together and are being disposed off by this common order. It is recorded here that the aforesaid crime number has resulted in registration of Criminal Case No. 1991/2007 under the aforesaid mentioned sections which case is now pending in the Court of A.C.J.M., Hapur, Ghaziabad as State Vs. Sandeep and others. All the aforesaid cases are being disposed off by this common order.
The record indicates that Smt. Shahsi Goyal approached this Court way back in 2007 by invoking inherent power of this Court in Crl. Misc. Application No. 26246 of 2007. In the aforesaid application, an order for settlement of dispute through process of mediation was passed on 22.11.2007. The report of the Mediation Centre indicated that the amount which Smt. Shahsi Goyal was required to deposit (Rs. one thousand) was not deposited by her and hence mediation could not take place. Order sheet of that Criminal Misc. Application does not indicate any further order. The net result is that the aforesaid Criminal Misc. Application is still pending in this Court.
Subsequently, another Criminal Misc. Application was filed by Sri Sandeep Goyal in the same crime number being Crl. Misc. Application No. 27580/2007. In the said application also an order for mediation was got obtained from another Hon'ble Judge of this Court. The report of the Mediation Centre in this application indicates that the parties did not turn up for mediation proceeding owing to which mediation proceeding could not be initiated. The order sheet of this Criminal Misc. Application further indicates that no further order was passed and hence the aforesaid Criminal Misc. Application is still pending before this Court.
Record further indicates that yet another Criminal Misc. Application being Crl. Misc. Application No. 6621 of 2009 was filed by both Sandeep Goyal and Smt. Shahsi Goyal (applicants) through other advocates, which application came up before a third Hon'ble Judge on 27.3.2009. In this third Criminal Misc. Application also an order for settling the dispute through mediation was obtained on the said date. The report of the Mediation Centre in this third exercise indicate that the parties were not willing for mediation and hence the mediation could not take place. The aforesaid third Criminal Misc. Application is also pending in this Court and has not been disposed off as yet.
The record further indicates that yet another Criminal Misc. Application was filed by Sri Sandeep Goyal, which was in relation to Section 125 Cr.P.C. proceeding and not for offence under Section 498-A I.P.C. and hence is not relevant for the present purpose.
After all these exercises, Smt. Shahsi Goyal in the same crime being crime no. 142/2007, under Sections 498-A, 323, 504 I.P.C. and 3/4 D.P. Act has approached this Court by filing instant Crl. Misc. Application.
The above facts clearly indicate that repeated Criminal Misc. Applications under Section 482 Cr.P.C. were filed by Smt. Shahsi Goyal and Sri Sandeep Goyal when their earlier petitions were already pending in this Court. In the present Criminal Misc. Application, they have not disclosed the factum of filing of earlier applications, which were their conduct on the earlier occasions also. This Court is already saddled with more than 73 thousands Criminal Misc. Applications pending in this Court. Repeatedly, we have come across cases by the same accused or other accused in the same crime number without disclosing the factum of dismissal and/or pending of the earlier applications. Pendency in this Court thus is being mounted by resorting to insalubrious practice, which has inundated this Court and flooded it with a heavy load of work. The Court cannot shut its eyes towards such malpractice where the applicant is not only guiltyof prevarication but they are also guilty for supprecio falsie and obtaining order by deceiving the Court.
In such a view, all the above Criminal Misc. Applications being Crl. Misc. Application Nos.26246/2007 (Smt. Shashi Goyal Vs. State of U.P. and another), 6621/2009 (Sandeep Goyal and others Vs. State of U.P. and another), 27580/2007 (Sandeep Goyal Vs. State of U.P. and another) and this present Crl. Misc. Application No. 5910 of 2010 (Smt. Shashi Goyal Vs. State of U.P. and another) are dismissed. Interim orders in all these applications are hereby vacated.
For last three years applicant and her other malefactor have succeeded in installing their trials by resorting to their sculdagory.
For prevarication and cheating the Court and for smudging the pious procedure of dispensation of justice, I impose a cost of Rs. 50,000/- on Smt. Shashi Goyal to be realized as arrears of land revenue by C.J.M., Ghaziabad within two weeks from today. After realizing the cost as has been imposed above, the same is directed to be transmitted to the Legal Aid Cell of the District to give justice to those poor people who are unable to engage counsel and defend themselves.
Copy of this order is directed to be faxed to C.J.M., Ghaziabad positively by tomorrow i.e. 8.7.2010.
All the above Criminal Misc. Applications are dismissed.
Order Date :- 7.7.2010 AKG/-