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topicnews · August 31, 2024

Allahabad HC imposes Rs.1 lakh cost but refrains from initiating criminal contempt proceedings

Allahabad HC imposes Rs.1 lakh cost but refrains from initiating criminal contempt proceedings

The Allahabad High Court has imposed a fee of Rs 100,000 on the complainant, who had made serious allegations against the High Court lawyers and the judges of the Kanpur District Court. However, the court refrained from initiating criminal contempt proceedings against the complainant as he is 77 years old.

Judge Neeraj Tiwari noticed that

“In view of the serious health problems of the plaintiff and his age of 77 years, this Court restrains itself from initiating criminal contempt proceedings against him, but the grounds raised by him in his review petition are very vague and the filing of such a review petition amounts to a gross abuse of the process of law, therefore, the review petition is without merit and is accordingly dismissed dismissed with costs of Rs.1 Lakhwhich the applicant is to submit to the Registrar General of the High Court within 15 days from today.”

The applicant filed an application for review of the order passed in the matters under Section 227 No. 3034 of 2024 wherein the applicant’s counsel had stated that the applicant did not wish to contest the petition. Thereafter, an order was passed directing the applicant to vacate the shop within one year. The applicant claimed that he had not authorised the senior counsel appearing in the case to argue on the merits.

Counsel for the defendant submitted that when the court was not inclined to allow the application, a declaration was made that the application was withdrawn as not having been filed.

The court noted that other allegations had also been made against the Senior Advocate and other lawyers in court. The court called the Senior Advocate who stated that the statement was made on the instructions of the assisting counsel and that the plaintiff had misbehaved with him at his residence. Another Senior Advocate also stated in court that he had refused to contest the case due to the plaintiff’s misbehaviour.

The court found that the allegations against the senior lawyers were unfounded and “very regrettable and inappropriate.” The court found that the allegations against the District Magistrate, Kanpur, were baseless and “an attempt to damage the reputation of the institution.

Accordingly, the Court dismissed the review petition and ordered the appellant to pay costs of Rs.100,000.

Case title: Randhir Kumar Pandey vs Sri Purushottam Das Maheshwari [CIVIL MISC REVIEW APPLICATION No. – 313 of 2024]

Click here to read/download the order