9911796707
TMI Blog2022 (2) TMI 1409X X X X Extracts X X X X X X X X Extracts X X X X ..... entire proceedings of Case No. 4692 of 2020 (State Vs. Jitendra and others), arising out of Case Crime No. 117 of 2020, under Section 498-A, 304-B IPC and ¾ of Dowry Prohibition Act, police station Salempur, district Bulandshahr, pending in the Court of Chief Judicial Magistrate, Bulandshahr. A preliminary objection has been raised by the learned counsel for the opposite party No. 2 by pointing out that the applicant has not approached this Court with clean hand and has filed successive applications by concealing the material facts and documents. In short compass, the facts giving rise to the present application are that a first information report was lodged by opposite party No. 2, Deepak Kumar at case crime No. 117 of 2020, unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... applicant has filed the instant application under Section 482 Cr.P.C No. 5094 of 2021 on 05.2.2021 for quashing the entire proceedings of the aforesaid case concealing the aforesaid order dated 03.12.2020, whereas Mr. Awadh Sharma, who is counsel for the applicant in the instant application was also counsel in Criminal Misc. Anticipatory Bail Application No. 5675 of 2020. When, the case was taken up on 15.2.2022, learned counsel for the applicant sought adjournment on the ground that he could not inform the opposite party No. 2. During the pendency of this application, the applicant also challenged the order of this Court dated 3.12.2020 passed in Criminal Misc. Application No. 5675 of 2020, before the Supreme Court by filing Special Leave ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not dispute the aforesaid factual aspect of the matter. Having heard the submissions of the learned counsel for the parties and examining the matter in its entirety, I am of the considered view that the applicant has no respect to the orders of the Supreme Court as well as this Court. Furthermore, he has not approached this Court with clean hand and filed this application suppressing the material facts in sheer disobedience of the orders of Supreme Court as well as this Court. Therefore, she does not deserve any indulgence by this Court. The courts of law are meant for imparting justice between the parties. One, who comes to the court, must come with clean hands and no material facts should be concealed. I am constrained to hold that more ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the party who is invoking such jurisdiction. If the applicant does not disclose full facts or suppresses relevant materials or is otherwise guilty of misleading the Court, the Court may dismiss the action without adjudicating the matter. The rule has been evolved in larger public interest to deter unscrupulous litigants from abusing the process of Court by deceiving it. The very basis of the writ jurisdiction rests in disclosure of true, complete and correct facts. If the material facts are not candidly stated or are suppressed or are distorted, the very functioning of the writ courts would become impossible." In Udyami Evan Khadi Gramodyog Welfare Sanstha and another Vs. State of U.P. and others, (2008)1 SCC 560, the appellant-Sanstha ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... writ of the court one should come with candid facts and clean breast. Suppression or concealment of material facts is forbidden to a litigant or even as a technique of advocacy. In such cases the Court is duty bound to discharge rule nisi and such applicant is required to be dealt with for contempt of Court for abusing the process of the court. Supreme Court in Dalip Singh Vs. State of Uttar Pradesh and others, (2010)2 SCC 114 came down heavily on unscrupulous litigants by holding that it is now well established that a litigant who attempts to pollute the stream of justice or who touches the pure fountain of justice with tainted hands, is not entitled to any relief, interim or final. Having considered the factual aspect of the case and t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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