T.Narender v. The Station House Officer

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.38137 of 2015 ORDER:

This writ petition was filed with the following prayer: "For the reasons stated in the accompanying affidavit the petitioner herein pray that this Hon'ble Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of Certiorari to call for the records relating to FIR No.136/2015 on the file of the Jaipur Police Station, Jaipur, Adilabad District and quash the investigation in Cr.No.136/2015 on the file of Jaipur Police Station, Jaipur, Adilabad in the interest of justice."

By way of the interlocutory petition, the petitioner sought stay of all further proceedings in the investigation in Crime No.136 of 2015 on the file of Jaipur Police Station, Jaipur, Adilabad District, including his arrest. Significantly, the petitioner did not disclose that he had approached this Court by way of Criminal Petition No.11219 of 2015 seeking anticipatory bail in relation to the very same Crime No.136 of 2015. This aspect of the matter was disclosed by the Station House Officer, Jaipur Police Station, Jaipur, Adilabad District, in his written instructions dated 26.11.2015 furnished to the office of the learned Government Pleader for Home.

When a litigant approaches this Court for relief, he is expected to do so with clean hands by disclosing all the relevant facts. Failure to live up to the standard would not only disentitle such a litigant from relief, but would also justify imposition of costs.

Sri P.Nagendra Reddy, learned counsel for the petitioner, would however state that the petitioner was unaware of the Court procedure and therefore did not disclose this crucial aspect of the matter to him. Be that as it may, the non-disclosure of the steps taken by the petitioner to secure anticipatory bail in relation to the very same crime, which is the subject

matter of this writ petition, would taint this writ petition incurably and it is an abuse of process of the Court.

The writ petition is accordingly dismissed. However, giving the benefit of doubt to the petitioner, this Court does not propose to impose any costs. Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.

___________________________ SANJAY KUMAR, J Date:30.11.2015 GJ