Rajasthan High Court Pulls Up Senior Advocate For Seeking ‘Instant’ Hearing For Interim Relief In Plea Seeking Quashing Of FIR

The Rajasthan High Court at Jaipur pulled up a Senior Advocate for "putting undue pressure" on the court to hear the prayer for stay of investigation in an FIR under Sections 410, 181, 198, 199, 200 of IPC against his client. 

Justice Birendra Kumar said said court has maintained "utmost restraint" in not initiating contempt proceedings against the senior counsel "to give him one more opportunity to improve and mend himself to maintain the dignity of the Court room and to ensure independence of judicial system."

The court directed the Registry to not to list any matter before it wherein the senior counsel is appearing for the petitioner, and also recused from the present matter.

“Learned Senior Counsel must be knowing that the heaven was not going to fall, as even after completion of investigation, prayer for quashing of FIR would survive and would be considered if ground/grounds for quashing of FIR is/are made out,” said the court.

A petition was filed before the High Court for quashing the FIR registered with Aravali Vihar Police Station, Alwar for offences under Section 410 (Stolen property), Section 181 (False statement on oath or affirmation to public servant or person authorised to administer an oath or affirmation), Section 198 (Using as true a certificate known to be false), Section 199 (False statement made in declaration which is by law receivable as evidence) and Section 200 (Using as true such declaration knowing it to be false) of IPC. An interlocutory application was also filed praying for stay of the investigation of the case arising out of the aforesaid FIR.

The complainant also filed a petition seeking directions for "fair investigation" in the same FIR.

The court was of the view that both these matters would be finally heard and disposed of soon after filing of the reply within two weeks. However, the court said, the senior lawyer "started insisting rather putting undue pressure" on the court to hear the prayer for interim relief instantly, "ignoring the right of respondent No.2 to have fair and reasonable opportunity to defend."

It requested the senior counsel not to insist and said the matter would itself be finally disposed of soon after receipt of the reply of the informant on the date fixed. However, the court said he started shouting that the matter must be heard at once.

"Learned Senior Counsel must be knowing that the heaven was not going to fall, as even after completion of investigation, prayer for quashing of FIR would survive and would be considered if ground/grounds for quashing of FIR is/are made out. However, learned Senior counsel chooses to pressurize the Judge by hooks and by crooks consistent with his past behaviour in other court rooms for instant hearing and order in favour of the petitioner before allowing the court to take up any other matter. The behaviour and action of the learned Senior counsel of intimidating a Judge sitting in court room not to act with judicial independence amounts to contempt of court. The action depicted in open court room is unbecoming of an advocate what to talk of a senior advocate," observed the court.

Case Title: Rujdar Khan v. State of Rajasthan

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