VidhiSangh

Supreme Court of India · 16/10/2023

AMBALAL PARIHAR versus STATE OF RAJASTHAN & ORS.

[2023] 15 S.C.R. 213 · 2023 INSC 946

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Summary

The Supreme Court condemned forum hunting where accused persons, after failing to obtain interim protection in criminal quashing proceedings, filed a civil writ seeking consolidation of eight FIRs and obtained a no-coercive-action order. The civil writ was dismissed for abuse of process, the interim protection consequently fell, and costs were imposed. The conduct was directed to be placed before the benches hearing the criminal petitions.

Issues

  1. Whether a civil writ could be used to obtain criminal interim protection outside the assigned roster.
  2. What consequences followed the forum hunting and abuse of process.

Held

Result

Appeal allowed and civil writ dismissed; its interim order ceased to survive. Respondents 2–4 directed to pay Rs 50,000 to the Rajasthan State Legal Services Authority within one month and file receipt within six weeks. Copy to be placed in all eight criminal quashing petitions.

Judgment PDF: Supreme Court of India, [2023] 15 S.C.R. 213.