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REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (CRL.) No.9967 OF 2011
Sanjay Kumar Petitioner
Versus
The State of Bihar & Anr. Respondents
O R D E R
1. This special leae petition has !een filed a"ainst the impu"ned
jud"ment and order dated ##.$.#%11& passed !y the 'i"h (ourt of
)udicature at Patna in (riminal *isc. +o.1,11- of #%%. /uashin" the
criminal proceedin"s a"ainst the respondent no.# 0hile allo0in" the
application under Section 12# of the (ode of (riminal Procedure& 1.$,
3hereinafter referred to as 4(r.P.(.56.
#. 7acts and circumstances "iin" rise to this petition are that8
A. The petitioner claimed to hae !een appointed !y the priate
respondent no.# in a fa9e dental colle"e as a Senior :ecturer for a
period of one year and issued 1# post dated che/ues for payment of his
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salary out of 0hich . che/ues had !ounced. The complainant;
petitioner sent le"al notice to the respondent no.# !ut 0ithout "iin"
them sufficient time to file a reply& filed a complaint !efore the
*a"istrate at <anapur& Patna under Sections ,1& 1%,& 1%1& 1%-& 1%2&
112& 1#% and =%1 of the >ndian Penal (ode& 12-% 3hereinafter referred
to as 4>P(56 and under Section 1,2 of +e"otia!le >nstrument Act& 1221
3hereinafter referred to as 4+> Act56.
B. :earned *a"istrate& <anapur ide an order dated 1#.=.#%%2
summoned the priate respondent for appearance on 1#.-.#%%2& !ein"
prima facie of the ie0 that a case under Sections 1%-& 1#% >P( and
under Section 1,2 of +> Act 0as made out !y the petitioner. The
priate respondent challen"ed the said order !y filin" the petition
!efore the 'i"h (ourt 0hich has !een allo0ed ide impu"ned
jud"ment and order on arious "rounds& inter-alia that there 0as an
a"reement !et0een the parties for serice for one year and one of the
conditions in the a"reement 0as that the petitioner 0ould not resi"n
from the institute till the completion of , years. *ore so& the petitioner
did not een "ie sufficient time to the accused to respond to the le"al
notice as he filed the complaint 0ithin the close pro?imity of the date
of the notice. The 'i"h (ourt also concluded that there 0as nothin" on
#
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record to sho0 that the notice had eer !een sered upon the priate
respondent and ultimately allo0ed the said petition on the "round that
it 0as a case of ciil nature as it 0as a matter of recoery of salary.
(. A""rieed& the petitioner approached this (ourt ma9in" the
aerment in the petition that accused persons had !een runnin" a fa9e
institution and offered the appointment to the petitioner on certain
terms and in spite of 0or9in" therein& he 0as not paid the salary.
'ence& this petition.
,. >n the instant case the counsel appearin" in the court for the
petitioner desi"nated himself merely has a pro?y counsel. The
Adocate;on;record 3for short 4A@R56 had no courtesy to send& at least&
a slip mentionin" the name of the counsel 0ho has to appear in the
court. Thus& in such a fact;situation& 0e had no adanta"e een to 9no0
the name of the counsel 0ho 0as appearin" in the court.
1. Aarlier& this (ourt had issued notice to the petitioner himself to
sho0 cause that in case it 0as a fa9e institution& 0hat 0as the reason or
rationale for the petitioner to join the same and to continue to sere
there for one year. >n reply to the said sho0 cause notice& the petitioner
su!mitted that such pleadin"s !e i"nored and may not !e ta9en into
,
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account for the purpose of disposal of the instant petition. Be do not
see any reason to allo0 a party to ma9e a pleadin" in the petition and
then ma9e a su!mission to the court to i"nore it as such an issue has no
!earin" on the merits of the case !ein" totally irreleant. Pleadin"s
hae to !e true to the 9no0led"e of the parties and in case a person
ta9es such misleadin" pleadin"s& he can !e refused not only any 9ind of
indul"ence !y the court !ut can also !e tried for perjury. >n case& the
pleadin" ta9en !y the petitioner is true& he cannot as9 for i"norin" the
same. >n case& it is false and as such statement had !een made on oath&
he is lia!le to !e tried for perjury. *ore so& 0hether such a pleadin" is
releant or not is a matter to !e decided !y the court and under Section
1-= of the >ndian Aidence Act& 12$#& court has a ri"ht to as9 the party
een releant or irreleant /uestions and the parties or their counsel
cannot raise any o!jection to any such /uestion.
=. >n such a fact;situation& 0ords fail us to condemn the audacity
of the petitioner to tell the hi"hest court of the land to i"nore the
pleadin"s ta9en !y him.
Be that as it may& this (ourt had insisted at the time of first
round of hearin" of this case that A@R& Shri *anu Shan9er *ishra
should remain present in the (ourt at the time of ar"uments and also
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passed oer the matter for his appearance. >n the second round& it 0as
informed to us that the A@R refused to come to the court. Be ta9e a
ery serious note of the conduct of this A@R& particularly& in ie0 of
the jud"ment of this (ourt In R! R"#$%&"' P'"$"( )o*"+, 3#%116
1 S(( =$#& 0herein this (ourt has cate"orically held that in case the
A@R does not appear in the court& his conduct may tantamount to
criminal contempt of the court. >n fact& a ery fe0 As@R hae spoiled
the 0or9in" system of the institution of As@R 0ho simply lend their
si"natures for petty amount. The A@R inoled herein is liin" in a
fool5s paradise if he thin9s that he can play hide and see9 0ith any
court of la0.
>n such a chaotic situation& any CArDiE& C7arDiE& half;!a9ed
la0yer under the la!el of Cpro?y counselE& a phrase not tracea!le under
the Adocates Act& 1.-1 or under the Supreme (ourt Rules& 1.-- etc.&
cannot !e allo0ed to a!use and misuse the process of the court under a
false impression that he has a ri"ht to 0aste pu!lic time 0ithout any
authority to appear in the court& either from the liti"ant or from the
A@R& as in the instant case. The A@R& 0ith impunity 0as disdainful
to0ards the order of this (ourt directin" him to appear in the court. 'e
had also not filed any appearance for the counsel 0ho had appeared& nor
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the said counsel disclosed his name. The (ourt ta9es serious note of the
conduct of the A@R& Shri *anu Shan9er *ishra and 0arns him to
!ehae in an appropriate manner !efittin" the conduct of an adocate
and an A@R other0ise this (ourt 0ill not hesitate to ta9e action a"ainst
him. 'is conduct 0ill !e under close 0atch of this (ourt.
-. Bith the aforesaid o!serations& the petition stands dismissed.
----......................J.
(D'. B.S. CHAUHAN)
---.........................J.
(J. CHELAMES.AR)
---.........................J.
(M./. E0BAL)
NE. DELHI
JANUAR/ 21, 2012.
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