AMBALAL PARIHAR versus STATE OF RAJASTHAN & ORS.

Citation: [2023] 15 S.C.R. 213 · Decided: 16-10-2023 · Supreme Court of India · Bench: ABHAY S. OKA · Disposal: Appeal(s) allowed

Judgment (excerpt)

[2023] 15 S.C.R. 213 : 2023 INSC 946
213
CASE DETAILS
AMBALAL PARIHAR
v.
STATE OF RAJASTHAN & ORS.
(Criminal Appeal No. 3233 of 2023)
OCTOBER 16, 2023
[ABHAY S.OKA AND PANKAJ MITHAL, JJ.]
HEADNOTES
Issue for consideration: Impugned order passed in Civil Writ Petition, 
fi led by the second to fourth respondents for clubbing of eight FIRs fi led 
against them, directing that no coercive action be taken against the aforesaid 
respondents in connection with the said FIRs, if justifi ed.
Administration of Justice – Abuse of process of law – Forum 
hunting – Six FIRs were registered against the second to fourth 
respondents, at the instance of the appellant – Two other FIRs were 
also registered against them by some other fi rst informants, respondents 
sought quashing thereof, however, no interim relief was granted – Then 
a Writ Petition was fi led on the civil side by the aforesaid respondents 
for clubbing the eight FIRs – Single Judge directed that no coercive 
action be taken against the respondents in connection with all eight 
FIRs – Appellant alleged forum hunting by respondents stating that the 
Civil Writ Petition for consolidation of eight FIRs was fi led to avoid the 
roster Judge who had not granted interim relief:
Held: Action of fi ling Civil Writ Petition by the respondents was 
nothing but a gross abuse of process of law and it was a classic case of 
forum hunting – It is wondered how a Civil Writ Petition for clubbing FIRs 
could be entertained – In the roster notifi ed by the Chief Justice, there is a 
separate roster for Criminal Writ Petitions – If the Courts allow such sharp 
practices, the roster notifi ed by the Chief Justice will have no meaning – The 
Judges have to follow discipline and ought not to take up any case unless 
it is specifi cally assigned by the Chief Justice – A Judge can take up a case 
provided either the cases of that category have been assigned to him as per 
the notifi ed roster or the particular case is specifi cally assigned by the Chief 
214 
SUPREME COURT REPORTS 
[2023] 15 S.C.R.
Justice – Taking up a case not specifi cally assigned by the Chief Justice is an 
act of gross impropriety – Though a Civil Writ Petition was fi led, the Judge 
ought to have converted it into a Criminal Writ Petition which could have 
been placed only before the roster Judge taking up Criminal Writ Petitions 
– Civil Writ Petition dismissed – Therefore, the impugned order does not 
survive – Costs of Rs.50,000/- imposed on the respondents – The conduct 
of the respondents be brought to the notice of the concerned Court which 
is hearing petitions u/s.482, CrPC fi led by them for quashing FIRs – Code 
of Criminal Procedure, 1973 – s.482. [Paras 7, 8 and 10]
OTHER CASE DETAILS INCLUDING IMPUGNED 
ORDER AND APPEARANCES
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 
3233 of 2023.
From the Judgment and Order dated 08.05.2023 of the High Court of 
Judicature for Rajasthan at Jodhpur in SBCWP No. 6277 of 2023.
Appearances:
Pranab Prakash, Yash Chaturvedi, Advs. for the Appellant.
Ashutosh Shekhar Paarcha, Ms. Neha Kapoor, Milind Kumar, Sanyat 
Lodha, Ms. Sanjana Saddy, Ms. Surbhi Arora, Advs. for the Respondents.
JUDGMENT / ORDER OF THE SUPREME COURT
JUDGMENT
ABHAY S.OKA, J.
Leave granted.
2. Heard the learned counsel appearing for the parties.
3. This is a shocking case of gross abuse of process of law by the second 
to fourth respondents. At the instance of the appellant, six First Information 
Reports were registered against the second to fourth respondents. There were 
two other First Information Reports registered against the same respondents 
by some other fi rst informants. Two Criminal Miscellaneous Petitions were 
fi led by the second to fourth respondents for quashing the First Information 
Reports fi led at the instance of the other fi rst informants.
215
4. Our attention is invited to the orders passed on the two petitions 
under Section 482 of the Code of Criminal Procedure, 1973 (for short 
“CrPC”) fi led by the second to fourth respondents. The petitions came up 
before a learned Single Judge of the Rajasthan High Court in April, 2023 
in which no interim relief was granted. 
5. Thereafter, the second to fourth respondents took a very extra 
ordinary step. On 5th May, 2023 a Writ Petition was fi led on the civil side by 
the second and fourth respondents in which a prayer was made for issuing 
a writ of mandamus for clubbing the eight First Information Reports and 
consolidating them into one. The i

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