Utt HC | Whoever approaches the Court should come with clean hands and must disclose all relevant facts before seeking any relief

Uttaranchal High Court: A writ petition was entertained by a Division Bench of Sudhanshu Dhulia and Ramesh Chandra Khulbe, JJ. and subsequently dismissed in limine. 

The petitioner filed a writ seeking protection against a rival businessman; the protection was requested from the District Magistrate and Superintendent of Police of the said area. The learned counsel for petitioner Mr Sandeep Kothari, submitted that the accused businessman is a well known and powerful personality in the area and has instigated the local police officers and therefore they are putting a hindrance on the petitioner to carry on his business in a peaceful manner.  

The Court was concerned about the rights and safety of the petitioner but before granting any relief and for balancing of interest, the Court demanded a preliminary inquiry report from the learned Deputy Advocate General of State. The report stated that no FIR or complaint is lodged against the petitioner in the State of Uttarakhand but it was found that a criminal case was filed under Section 420 IPC and Section 5 of Prize Chits and Money Circulation Scheme Act, 1978, in Assam and Madhya Pradesh. 

The petitioner contended that although the said cases are lodged against him, there is no veracity in it and the allegations are denied specifically by him. The learned counsel of petitioner further submitted that at the time of filing of the said petition he was not informed by the petitioner about the pending criminal proceedings against him, so he was unable to answer the questions of the Court with respect to the alleged report. 

The Court observed, petitioner has not approached this Court with clean hands, “He should have disclosed all these facts to this Court before seeking any relief from the Court.” The Court dismissed the aforementioned relief by the petitioner and refused to interfere in this regard due to the questionable character of the petitioner. [A. Tajuthin v. State of Uttrakhand, 2019 SCC OnLine Utt 345, decided on 01-05-2019]

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