Smt. Bhagwati vs State of Raj. and Another

Mahesh Bhagwati, J.—By way of this Criminal Misc. Petition filed u/s 482 of Code of Criminal Procedure, the Petitioner has impugned the order dated 10th September, 2003, whereby the learned Judicial Magistrate No. 22, Jaipur City, Jaipur dismissed the complaint for non appearance of the complainant and her counsel.

Having heard the learned Counsel for the Petitioner, learned Counsel for the Respondent No. 2 and learned PP appearing for the State and carefully perused the impugned order, it is noticed that on 10.9.2003, neither the complainant nor her counsel was present. On the last date of hearing prior to 10.9.2003 also, none was present in the Court. Hence, there was no option left with the Court but to dismiss the complaint. There appears to be no illegality or infirmity in the impugned order. It has been consistently held by the Hon''ble Apex court in plethora of cases that the inherent jurisdiction should be exercised u/s 482 of Code of Criminal Procedure sparingly, that too with circumspection in rarest of rare cases. The inherent powers of the Court are not meant for helping a party whose conduct shows that the complainant and her counsel have been willfully neglecting to put in her/his appearance. The inherent power of the High Court is not meant to protect the unjustified conduct of the complainant or her Advocate. From no stretch of imagination, this order can be said to be unjust or improper. I fail to understand as to what made the Petitioner to file this Criminal Misc. Petition in the High Court. The Criminal Misc. Petition is found to be totally frivolous and vexatious, baseless and groundless and the Petitioner is further found to have abused the process of court. In the case of Mary Angel and Others Vs. State of Tamil Nadu, the Hon''ble Apex Court has held that the inherent powers u/s 482 of Code of Criminal Procedure might be exercised to impose exemplary costs while dismissing a frivolous and vexatious petition. Hence this Criminal Misc. Petition filed u/s 482 of Code of Criminal Procedure being totally frivolous and vexatious deserves to be dismissed, which stands dismissed at the cost of Rs. 5000/-.

Cost should be recovered in accordance with the provisions of law.