Court Warns Against Abuse of Judicial Process and Fraudulent Litigation, Imposes Rs. 25,000/- Costs on Petitioner Despite Refraining from Contempt Proceedings Due to Age
In a significant judgment delivered on October 7, 2026, the Allahabad High Court (Division Bench, Lucknow) dismissed a writ petition filed by the petitioner, Gareeba, against the State of Uttar Pradesh and others, after it was established that the petition was supported by forged and fabricated documents. The bench comprising Justices Shekhar B. Saraf and Amitabh Kumar Rai firmly held that filing a writ petition on the basis of forged documents constitutes a grave abuse of the process of the Court and undermines the administration of justice.
The Court noted that the State, through its Additional Chief Standing Counsel, submitted categorical instructions asserting the forgery in the documents submitted by the petitioner. The petitioner failed to controvert these allegations and instead sought to withdraw the petition once it became apparent that the case would not succeed. The Court rejected this attempt, deeming the act of "taking a chance" and then seeking withdrawal as unacceptable and an abuse of judicial process.
Drawing from established precedents, including the Supreme Court rulings in Chandra Shashi v. Anil Kumar Verma (1995) and K.D. Sharma v. Steel Authority of India Limited (2008), the Court emphasized that fraud and suppression of material facts before the Court amount to contempt and severely disrupt the administration of justice. Such acts not only warrant dismissal of the petition but also attract exemplary costs and potential contempt proceedings.
However, acknowledging the petitioner's advanced age-being over 70 years-the Court chose not to initiate contempt proceedings but imposed a cost of Rs. 25,000/- payable within fifteen days to the Mediation & Conciliation Centre, Lucknow Bench. The Court warned that failure to deposit this amount would lead to recovery of the cost as arrears of land revenue.
This judgment underscores the judiciary's intolerance towards fraudulent litigation and its commitment to preserving the sanctity and purity of judicial proceedings. The Court's stern stance serves as a deterrent to litigants who might be tempted to pollute the stream of justice by approaching courts with "tainted hands."
Bottom Line:
Writ petition filed on basis of forged and fabricated documents amounts to abuse of process of Court. Petitioner cannot be permitted to withdraw petition after allegation of forgery remains uncontroverted. Though contempt proceedings may be refrained from considering advanced age of petitioner, writ petition is liable to be dismissed with exemplary costs.
Statutory provision(s):
Constitution of India, Article 226
Gareeba v. State of U.P., (All)(DB)(Lucknow) : Law Finder Doc Id # 2993237
