The High Court dismissed a D.B. Habeas Corpus petition for abuse of court process due to the petitioner's failure to pay earlier cost penalties and non-appearance, noting the dismissal of a similar earlier petition.
Petitioner directed to pay cost was not complied with; habeas corpus petition dismissed.
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[2024:RJ-JD:8878-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Habeas Corpus Petition No. 17/2024
Raj Singh @ Raju Singh S/o Shri Uttam Singh, Aged About 28 Years, By Caste Rawana Rajput, Resident Of Bhailo Ki Dhani, Padroo, Siwana District Barmer.
----Petitioner
Versus
----Respondents
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI HON'BLE MR. JUSTICE MADAN GOPAL VYAS
[2024:RJ-JD:8878-DB]
[HC-17/2024]
(2 of 3)
Order
21/02/2024
" This habeas corpus petition is filed on behalf of the petitioner with a prayer to issue direction to the respondent Nos.1 to 3 to produce his wife before this Court as she is in illegal detention of respondent No.5.
It is noticed that earlier also, the petitioner has filed D.B. Habeas Corpus Petition No.253/2023 (Raj Singh @ Raju Singh Vs. State of Rajasthan & Ors.) alleging similar allegations as levelled in the instant habeas corpus petition.
In the said habeas corpus petition, the corpus was produced before this Court on 14.08.2023 and she has specifically stated that she is not in illegal detention of anybody and at present, she is residing with her husband Ummed Singh, who is also respondent No.5 in this habeas corpus petiton, as per her own free will. Taking into consideration the above statement of the corpus, this Court on 14.08.2023 has dismissed the above-referred habeas corpus petition.
Now again, the petitioner has filed the instant habeas corpus petition levelling similar allegations as levelled in the earlier habeas corpus petition.
We are of the view that the attempt on the part of the petitioner to file successive habeas corpus petitions is nothing but an abuse of the process of Court.
Petitioner is present in person today.
We deem it appropriate to direct the petitioner to pay a cost of Rs.10,000/- within a period of one week with the Rajasthan Legal Services Authority, Jodhpur. If the petitioner fails to deposit the said cost, this Court be informed about the same."
(3 of 3)
[2024:RJ-JD:8878-DB]
[HC-17/2024]
List the matter on 21.02.2024".
| (MADAN GOPAL VYAS),J |
|---|
(DR.PUSHPENDRA SINGH BHATI), J
82-devrajP/sudheer/-
2 issues framed by the court
Whether repeated filing of habeas corpus petitions without compliance of costs constitutes abuse of court process
Whether non-payment of imposed cost attracts dismissal of the petition
Raj Singh @ Raju Singh
State Of Rajasthan
Superintendent Of Police, District Barmer
Pushendra Singh Bhati
Madan Gopal Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
