Supreme CourtDivision Bench(2011) 01 SC CK 0025

Abdul Gani Bhat vs Chairman, Islamia College Governing Board and Others

Supreme Court Of India · Decided on 25 January 2011 · Citation: (2011) 2 SCALE 224

HON’BLE JUDGES
G. S. Singhvi, J · Asok Kumar Ganguly, J
RESULT
Dismissed
CASE NUMBER
Criminal M.P. No''s. 21733 and 21734 of 2010 in SLP (C) No''s. 1995 and 1996 of 2006 & I.A. No''s. 3 and 4 in Compt. Petition (C) No''s. 86 and 87 of 2009 in SLP (C) No''s. 1995 and 1996 of 2006 & I.A. No''s. 3 and 4 in SLP (C) No''s. 1995 and 1996 of 2006

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Judgment

4 paragraphs · 236 words
1.

These petitions have been filed by Shri Abdul Gani Bhat for directing the Registrar of this Court to file complaint before the appropriate forum against the Respondents for having made false statements before this Court.

2.

The Petitioner has referred to order dated 24.3.2006 passed in SLP(C)Nos. 1995-1996/2006, which were directed against order dated 21.11.2005 passed by the Jammu and Kashmir High Court in LPA No. 200/2005. He has then averred that in the reply filed by Respondent No. 2, a number of false statements were made on the issue of payment of subsistence allowance, his designation in the College as Physical Instructor instead of Physical Director, Physical Education, the alleged filing of dozens of cases against the college authorities and indulging in luxury litigation. He has also pleaded that the averments contained in paras 8 and 9 of the reply were also patently false and misleading and has prayed that action may be initiated against the Respondents u/s 340 of the Code of Criminal Procedure.

3.

We have heard Shri Abdul Gani Bhat, who appeared in person and carefully perused the record. In our view, there is no valid ground much less justification for issue of a direction to the Registrar to initiate proceedings against the Respondents by filing complaint merely because some of the statements made in the written statement were, as per the Petitioner's version, false.

4.

The applications are accordingly dismissed.