Punishment of fake application under section 476 CRPC Supreme court fine 100000 RS with cost
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| punishment of fake case |
Zer nazar supreme court judgement bht dilchasap , specially un logo ke liye naseehat ha ju ke jhooti maqadma bazi per yaqeen rakhte hain.
Short story ye hai Aik party succession certificate banwati ha bank se marne wale ki raqam nikalwane ke liye or jiss
ma sisters ko shamal nahi karti. Ju ke marne wale ki betian thien
Trial court application iss bana per kharaj kar deti ha ke us ma applicant ka koi hissa nahi tha or sisters ne court ma bian dia ke unho ne apni marzi se apna hissa chor dia or un ko bhaio ko bank ki raqam lene per koi itraz nahi.
Application kharaj hone ke baad application dene wale or un ke rishtadar order ko session court ma challenge kar dete hain or session court bhi un ki application kharaj kar deti ha.
Wo party yaha per bhi bas nahi karti or session court ke order ke khalaf High court ma writ file kar deti ha ju ke high court se kharaj kar di jati ha.
Wo party or un ke rishtadar yaha bhi bass nahi karte or Supreme court ma leave to appeal laga dete hain .jiss ke baad supreme court aik lakh jurmana or cost or jurmana late karne ki soorat ma 10 percent monthly increase ka order jari kar deti ha
Supreme Court Judgement
SUPREME COURT OF PAKISTAN
(Appellate Jurisdiction)
Bench-V:
Mr. Justice Syed Mansoor Ali Shah
Mr. Justice Jamal Khan Mandokhail
Mrs. Justice Ayesha A. Malik
C.P. 3127/2020
(Against the order of Lahore High Court, Lahore
dated 06.10.2020, passed in Writ Petition No.10492/2016)
Qazi Naveed ul Islam
…. Petitioner
Versus
District Judge, Gujrat, etc.
…. Respondents
For the petitioner:
Mr. Anis Muhammad Shahzad, ASC.
For the respondents:
Respondent No.3, Qazi Mubasher Shahzad, in
person.
Date of hearing:
12.01.2023
ORDER
Syed Mansoor Ali Shah, J.- The petitioner seeks leave to
appeal against an order of the Lahore High Court, dated 06.10.2020
(“impugned order”), whereby the High Court has dismissed his writ
petition filed against the orders of the trial court and revisional court,
dated 14.12.2015 and 20.02.2016 respectively. The trial court, by its
order dated 14.12.2015, had dismissed the application of the petitioner
filed under Section 476 of the Code of Criminal Procedure 1898 (“CrPC”)
against respondents No. 3 to 5 and by its order dated 20.02.2016, the
revisional court had dismissed his revision petition filed against that
order of the trial court. All three courts below have thus decided the
matter against the petitioner.
2.
Briefly, the facts of the case are that on the death of his
father (Qazi Khursheed Alam), respondent No.3 (Qazi Mubasher
Shahzad) made an application for the issuance of a succession certificate
in respect of an amount of Rs.32,185/- left by his deceased father in a
bank account, which was allowed by the trial court on 03.12.2009. The
present petitioner’s father (Qazi Zahoor Alam), who was the brother of
the deceased Qazi Khursheed Alam and was in litigation with him over
some other property, made a miscellaneous application to the trial court,
on 10.11.2010, for the cancellation of the succession certificate and
taking legal action against respondents No. 3 to 5 on the ground that in
C.P. 3127 of 2020
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the application for the succession certificate as well as in their
statements made before the court, respondent No.3 and his brother
(respondent No.4) and mother (respondent No.5) had not mentioned the
names of the daughters of the deceased Qazi Khursheed Alam, and had
thus played fraud and perjury in the court proceedings. The petitioner’s
father died during the pendency of this application, upon which the
petitioner and his siblings were substituted as applicants in the
application.
3.
The sisters of respondent No.3 (daughters of the deceased
Qazi Khursheed Alam) appeared before the trial court and filed their
written reply opposing the said application with the assertions that the
applicants had no locus standi to make the application; that they had
surrendered their share in the amount of Rs.32,185/- left by their
deceased father and had no objection on the succession certificate issued
in favour of their brother, respondent No.3, to receive that amount from
the bank; and that their family was in litigation with the applicants for
the last about 7/8 years and they had made the application just to
blackmail respondents No.3 to 5 (their brothers and mother).
4.
Although we are unable to understand why the trial court
did not reject the application summarily, and instead proceeded further
thereon by framing issues, after the said reply of the sisters of
respondent No.3, ultimately the trial court dismissed the application
after recording evidence on the issues, vide its order dated 27.01.2015,
with the findings that the applicants being not the legal heirs of the
deceased Qazi Khursheed Alam had no locus standi and cause of action
to challenge the succession certificate issued in respect of his legacy, and
that the filing of the application was based on mala fide in order to
avenge the other litigation ensuing between the parties. This order of the
trial court was not challenged by the petitioner or any of his siblings and
thus attained finality.
5.
Just about a month before the final decision of that
application, and probably in view of the expected decision, the present
petitioner filed an application under Section 476 of the CrPC, on
09.12.2014, against respondents No. 3 to 5, making the same averments.
Respondents No. 3 to 5 filed their written reply, opposing the application.
After hearing the arguments of the counsel for the parties, the trial court
dismissed this application, vide its order dated 14.12.2015, holding
C.P. 3127 of 2020
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therein that the matter had already been decided in the order dated
27.01.15 passed on a similar application on the same matter, which
order having not been challenged had attained finality and that the issue
of mala fide in the previous application had been decided against the
petitioner. The petitioner preferred a revision petition against this order
of the trial court, which was dismissed by the revisional court, vide its
order dated 20.02.2016. The petitioner did not stop there and filed a writ
petition in the High Court, challenging the orders of the trial and
revisional courts. The High Court dismissed his writ petition, by the
impugned order. Hence, the petitioner has filed the present petition, in
this Court, for leave to appeal.
6.
Having heard the learned counsel for the petitioner and
respondent No.3 in person and examining the record of the case, we are
of the view that it is a classic case of abusing the process of the court.
Respondent No.3 has been punished with a penalty of pursuing an
outright frivolous litigation for a period of more than a decade, just for
the reason that he had got a succession certificate in his favour to
receive a meagre amount of Rs.32,185/- left by his deceased father in a
bank account, and that too on the applications of the persons who had
no right or interest in the legacy of his deceased father rather had been
in litigation over some other property first against the deceased father of
respondent No.3 and after his death against respondent No.3 and his
mother and siblings.
7.
To our query, as to what right or interest of the present
petitioner or his deceased father was affected by the issuance of the
succession certificate in favour of respondent No.3, the answer of the
learned counsel for the petitioner was nothing but that the petitioner and
his deceased father had acted just as informers of the commission of
offences of fraud and perjury with the court during the proceedings of
the application for succession certificate. The spiteful conduct of the
petitioner and his deceased father in making repeated applications and
venomously pursuing them up to this Court do not paint of picture of a
bonafide informer commited to unfold the offences of fraud and perjury
for the love of justice, equity and fairplay. The conduct of the petitioner
reeks of private vengeance against respondent No.3 and his mother and
siblings, because of a simmering dispute over some other property
27 of 2020
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8.
It is also regrettable to note that the first application filed by
the petitioner’s father and later pursued by the petitioner and his
siblings after his death, for cancellation of the succession certificate and
taking legal action against respondents No. 3 to 5, which should have
been dismissed summarily after the filing of opposing written reply of the
sisters of respondents No. 3, was proceeded with unnecessarily by
framing issues and decided after the protracted proceedings of about five
years.
9.
The power conferred by Section 476, CrPC on a Civil,
Revenue or Criminal Court to take cognizance of certain offences
committed in, or in relation to, any proceedings before it, is discretionary
as evident from the expression, “may take cognizance”, used in the
Section. No doubt, like all other discretionary powers, the court
concerned is to exercise this discretion judiciously, not arbitrarily, while
taking into consideration the facts and circumstances of the case.1
Previously, before its substitution by the Act XXI of 1976, Section 476
had stated it expressly that the court is to take action under Section 476
when it is of opinion that “it is expedient in the interests of justice” that
an inquiry should be made into such an offence. As the discretionary
powers must always be exercised in the interests of justice, we are of the
considered view that notwithstanding the omission of that expression in
the present Section 476, while exercising its discretion under this
Section the court concerned should give prime consideration to the
question, whether it is expedient in the interests of justice to take
cognizance of the offence. The court is to exercise this discretionary
power with due care and caution, and must be watchful of the fact that
its process under Section 476 is not abused by an unscrupulous litigant
scheming to wreak private vengeance or satisfy a private grudge against
a person,2 as has been done by the petitioner in the present case.
10.
In view of the stance of the sisters of respondent No.3 as to
having no objection to the succession certificate issued in favour of their
brother, respondent No. 3, the trial court had rightly dismissed both the
applications, the first filed by the petitioner’s father and the second by
the petitioner, vide its orders dated 27.01.2015 and 14.12.2015, by
noting the fact that the same had been filed with mala fide to avenge a
private grudge and without having any interest in the matter decided by
C.P. 3127 of 2020
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it. And the order of the trial court has correctly been maintained by the
revisional court and the High Court. The present petition is completely
frivolous and vexatious and the process of court has been abused just to
pressurise the other side and to settle a personal score.
Imposition of costs
11.
Such frivolous, vexatious and speculative litigation unduly
burdens the courts giving artificial rise to pendency of cases which in turn
clogs the justice system and delays the resolution of genuine disputes.
Such litigation is required to be rooted out of the system and one of the
ways to curb such practice of instituting frivolous and vexatious cases is
by imposing of costs under Order 28 Rule 3 of the Supreme Court Rules,
1980 (“Rules”). The spectre of being made liable to pay actual costs should
be such as to make every litigant think twice befor putting forth a
vexatious claim or defence3 before the Court. These costs in an
appropriate case can be over and above the nominal costs which include
costs of the time spent by the successful party, the transportation and
lodging, if any, or any other incidental cost, besides the amount of the
court fee, process fee and lawyer's fee paid in relation to the litigation.4
Imposition of costs in frivilous and vexatious cases meets the requirement
of fair trial under Article 10A of the Constitution, as it not only
discourages frivilous claims or defences brought to the court house but
also absence of such cases allows more court time for the adjudication of
genuine claims. It also incentivizes the litigants to adopt alternative
dispute resolution (ADR) processes and arrive at a settlement rather than
rushing to courts.5 Costs lay the foundation for expeditious justice6 and
promote a smart legal system that enhances access to justice by
entertaining genuine claims. The purpose of awarding costs at one level
is to compensate the successful party for the expenses incurred to
which he has been subjected and at another level to be an effective tool
to purge the legal system of frivolous, vexatious and speculative claims
and defences. In a nutshell costs enourage alternative dispute resolution;
settlements between the parties; and reduces unnecessary burden off
the courts, so that they can attend to genuine claims. Costs are a
3 Vinod Seth v. Devinder Bajaj (2010) 8 SCC 1; Province of Balochistan v. Murree Brewery Company
PLD 2007 SC 386 (5-MB).
4
Ibid.
5
Ibid.
6 Aricle 37(d) of the Principles of Policy under the Constitution.
C.P. 3127 of 2020
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weapon of offence for the plaintiff with a just claim to present and a
shield to the defendant who has been unfairly brought into court7.
12.
In the instant case, the petitioner has repeatedly abused the
courts to advance a personal grudge by repeatedly filing vexatious and
frivilous claims in various courts, not only wasting the precious time of
these courts but also causing anguish and pain to the other party that
unnecessary, unfair and prolonged litigation brings. We, therefore,
dismiss the present petition with costs of Rs.100,000/- which shall be
deposited by the petitioner in the trial court for payment to respondent
No.3 (Qazi Mubasher Shahzad) within three months from today. In case
of failure by the petitioner to deposit the said costs within the prescribed
time, they shall be recovered from the petitioner as a money decree with
10% monthly increase, and the costs of the execution proceedings shall
also be recovered in addition thereto.
Islamabad,
12th January, 2023.
Approved for reporting
Iqbal
Judge
Judge
Judge
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