Costs imposed for trying to misuse writ jurisdiction

Madhya Pradesh High Court: A petitioner approached the High Court under its writ jurisdiction, when the petition was earlier filed before the learned Single Bench in 2016 and the petition was withdrawn with liberty to take recourse to the remedy available under the Family Disputes Redressal System or the Criminal Procedure Code. However, before the Court, he presently brought on record an agreement of marriage and by producing certain telephonic conversation, tried to indicate  that by an agreement, the petitioner and the corpus have been married, she is being illegally detained and, therefore, the Writ Court committed an error in dismissing the writ petition and insisting upon the petitioner to withdraw the writ petition with liberty to take recourse to the remedy available under the Family Disputes Redressal System or the Criminal Procedure Code.

On such representations, the Court directed the Superintendent of Police Satna to produce the corpus and the corpus was accordingly produced along with the three officers of the State. But the assertions were clearly denied by the corpus stating that she did not know the petitioner and was willingly living with her parents. On finding this, the Court observed that its writ jurisdiction was blatantly misused as after the petition was dismissed by the learned Writ Court, instead of taking recourse to the remedy available, the petitioner approached the Court compelling it to call the corpus from Satna. The Court said that it wasted the valuable time of the Court. On finding the act of petitioner incorrect and falsified, the Division Bench dismissed the writ petition and directed him to pay cost of Rs. 25,000. [Chooramani @ Sheru Prajapati v. State of MP, 2017 SCC OnLine MP 196, WA No. 32 of 2017, decided on 22.02.2017]

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