STOCK MARKET BSE NSE

Orissa High Court imposes Rs 2 lakh fine for filing frivolous petition

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.

Published: 16th February 2020 11:44 AM  |   Last Updated: 16th February 2020 11:44 AM   |  A+A-

Orissa High Court

Orissa High Court

By Express News Service

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.

Stay up to date on all the latest Odisha news with The New Indian Express App. Download now

Comments

Disclaimer : We respect your thoughts and views! But we need to be judicious while moderating your comments. All the comments will be moderated by the newindianexpress.com editorial. Abstain from posting comments that are obscene, defamatory or inflammatory, and do not indulge in personal attacks. Try to avoid outside hyperlinks inside the comment. Help us delete comments that do not follow these guidelines.

The views expressed in comments published on newindianexpress.com are those of the comment writers alone. They do not represent the views or opinions of newindianexpress.com or its staff, nor do they represent the views or opinions of The New Indian Express Group, or any entity of, or affiliated with, The New Indian Express Group. newindianexpress.com reserves the right to take any or all comments down at any time.

flipboard facebook twitter whatsapp