CUTTACK: The Orissa High Court has imposed a penalty of `2 lakh on a person for abusing the process of court by filing a ‘frivolous petition’ relating to a dispute with his brother over an ancestral property at Goudabadasahi in Puri.
The petitioner, Biranchi Narayan Khuntia, had alleged that the Sub-Divisional Magistrate, Puri had passed successive orders under Section 144 of CrPC for two months at the instance of his brother Gobind Narayan Khuntia just to harass and humiliate him by compelling to attend the court time and again.
Accordingly, the petition had sought a blanket order directing the Sub-Divisional Magistrate not to institute any criminal proceedings under Section 144 over the disputed plot. The petition filed on July 17, 2018 had further sought compensation of Rs 5 lakh.
However, the Single Judge Bench of Justice BR Sarangi felt that the petitioner ‘abused the process of Court’ by filing a ‘misconceived and frivolous petition’ and should not be dealt lightly for it.
“Considering the facts from all angles, both factually and legally the petition devoids of any merit and is thus dismissed. However, for causing harassment to opposite party no.3 (Gobind) and wasting Court’s time, which amounts to abuse of the process of Court, this Court imposed cost of `2,00,000 against the petitioner so as to give a caution to the litigants not to file such frivolous application in future seeking blanket relief from this Court,” Justice Sarangi said in the order.
“The cost shall be deposited by the petitioner in the Advocate’s Welfare Fund of the Orissa High Court Bar Association within a period of three months, failing which recovery will be made by following due process of law,” the order specified.