Basing on this Apex Court judgment here, Hon’ble Supreme Court has held that, “His Lordship held that an order of dismissal under Section 203 of the Criminal Procedure Code (for short ‘the Code’) is, however, no bar to the entertainment of a second complaint on the same facts but it can be entertained only in exceptional circumstances. This Court explained the exceptional circumstances as (a) where the previous order was passed on incomplete record (b) or on a misunderstanding of the nature of the complaint (c) or the order which was passed was manifestly absurd, unjust or foolish or (d) where new facts which could not, with reasonable diligence, have been brought on the record in the previous proceedings. This Court made it very clear that interest of justice cannot permit that after a decision has been given on a complaint upon full consideration of the case, the complainant should be given another opportunity to have the complaint enquired into again.”Poonam Chand Jain & Anr Vs Fazru on 28 January, 2010
Improperly framed affidavits are held to be not acceptable by Supreme court per CPC and relevant Supreme Court Rules.
From Para 51, 52 and 53,
Apart from the aforesaid, in the writ petition which was filed on 21st January, 2006, there is no mention of the fact that the petitioner gave a statement under section 161, Code of Criminal Procedure in connection with the investigation arising out of FIR lodged on 30th December, 2005. From the records of the case it appears the petitioner gave 161 statement on 13th January, 2006. In the writ petition there is a complete suppression of the aforesaid fact. A statement under Section 161 is certainly a material fact in a police investigation in connection with an FIR. The investigation is to find out the genuineness of those very documents on the basis of which the writ petition was moved. In that factual context, total suppression in the writ petition of the fact that the petitioner gave a 161 statement in that investigation is, in our judgment, suppression of a very material fact.
It is, therefore, clear that writ petition is frivolous and is speculative in character. This Court is of the opinion that the so called legal questions on tapping of telephone cannot be gone into on the basis of a petition which is so weak in its foundation.
Courts have, over the centuries, frowned upon litigants who, with intent to deceive and mislead the courts, initiated proceedings without full disclosure of facts. Courts held that such litigants have come with “unclean hands” and are not entitled to be heard on the merits of their case.
From Para 58,
It is one of the fundamental principles of jurisprudence that litigants must observe total clarity and candour in their pleadings and especially when it contains a prayer for injunction. A prayer for injunction, which is an equitable remedy, must be governed by principles of ‘uberrima fide’.
From Para 62,
Following these principles, this Court has no hesitation in holding that the instant writ petition is an attempt by the petitioner to mislead the Court on the basis of frivolous allegations and by suppression of material facts as pointed out and discussed above.
From Para 65,
Amar Singh Vs Union Of India & Ors on 11 May, 2011
This court wants to make one thing clear i.e. perfunctory and slipshod affidavits which are not consistent either with Order XIX Rule 3 of the CPC or with Order XI Rules 5 and 13 of the Supreme Court Rules should not be entertained by this Court.
Another authority from hon’ble Supreme Court wherein it was held that,
K.D. Sharma Vs Steel Authority Of India Ltd. and Ors. on July 09, 2008
the appellant has not come forward with all the facts. He has chosen to state facts in the manner suited to him by giving an impression to the Writ Court that an instrumentality of State (SAIL) has not followed doctrine of natural justice and fundamental principles of fair procedure. This is not proper. Hence, on that ground alone, the appellant cannot claim equitable relief.
A company by name Sciemed Overseas tried to mislead the High Court by falsely saying in their affidavit that a certain said contract work is nearing completion whereas in reality it was not so, as assessed by a court-appointed advocate, as a one-man committee.
Hon’ble High Court “took the view that Sciemed had given a false affidavit in this Court to the effect that the work was near completion. In this view of the matter, the High Court dismissed the appeal filed by Sciemed and imposed costs of Rs. 10 lakhs to be deposited with the Jharkhand State Legal Services Authority.”
After this the said company pushes it’s proprietor to state one more ‘justification’ affidavit saying what was said earlier was about just one piece of work and not ‘whole’ piece of work. The deponent after giving the above explanation, tendered an unconditional and unqualified apology to the High Court for the statement regarding the near completion of the project.
And then another twist in this companies averments came in as in fact the statement made in the affidavit filed in this Court was not a false statement but was bona fide and not a deliberate attempt to mislead this Court. It was also submitted that the allegedly false or misleading statement had no impact on the decision taken by this Court and should, therefore, be ignored.
After all these flip flops, the Hon’ble Supreme Court held as below in Para 23,
Sciemed Overseas Inc. Vs BOC India Limited & Ors on 11 January, 2016
The correctness of the statement made by Sciemed was examined threadbare not only by the learned Single Judge but also by the Division Bench and it was found that a considerable amount of work had still to be completed by Sciemed and it was not as if the work was nearing completion as represented to this Court. Additionally, the Report independently given by the learned advocate appointed to make an assessment, also clearly indicated that a considerable amount of work had still to be performed by Sciemed. The Report was not ex parte but was carefully prepared after an inspection of the site and discussing the matter with Shailendra Prasad Singh the proprietor of Sciemed and an engineer of Sciemed as well as officers from the RIMS.
Hon’ble High Court of Andhra Pradesh has held that,
The invocation of jurisdiction under extraordinary powers vested in this Court cannot be allowed to a person, who comes to the Court with unclean hands or suppressing material facts in order to gain advantage. The petitioner cannot take advantage of the lethargy or inaction on the part of the Government Officers. If the petitioner is really aggrieved, this Court will extend its helping hand in accordance with the provisions of the Constitution of India or/and the laws framed under it. But, this Court will never encourage misuse of process of this Court. This Court cannot be used for the purpose of getting interim orders to protect an unlawful need/demand of the litigants who are greedy. This is a sacred institution and it cannot be allowed to be polluted by unscrupulous litigants.
P.Parameshwar Reddy Vs The State Of Telangana on 10 August, 2015
In view of the suppression of fact of dismissal of W.P.No.25217 of 2003 on 16.11.2009, and not disclosing complete facts with regard to the case of the petitioner, this Writ Petition is dismissed with exemplary costs of Rs.5,000/- (Rupees five thousand only) payable by the petitioner to the Telangana Legal Services Authority within a period of four weeks.
A perjury order from Hon’ble Bombay High Court under section 340 of Cr.P.C against offences under sections 193, 196, 199, 200 and 209 of IPC.
Fareed Ahmed Qureshi Vs State of Maharashtra on 7 March, 2018
A batch of SLPs submitted by appellant educational institutions are dismissed by Hon’ble Supreme Court in this judgment, who were held not to have approached the Apex Court with clean hands.
Abhyudya Sanstha vs Union Of India & Ors on 12 May, 2011
A society which has earlier given NOC for Raam Leela in a park later on made a U turn and filed a Contempt of Court proceeding which was duly stuck down by Hon’ble High Court of Delhi
D-Block Pandav Nagar Residents Vs Amit Yadav And Ors on 13 October, 2015
Interesting case of a liquor merchant trying to approach with unclean hands and gain from Hon’ble High Court of Punjab and Haryana.
MS Manu Sharma And Company Vs State Of Haryana And Ors on 29 September, 2016
Hon’ble Apex court has clearly held that any order that got caused by suppression of information, any Court has an obligation to set aside the said order.
From Para 10,
…learned counsel for the appellant, has submitted that when the accused has not approached the court in clean hands and the High Court itself has observed that the order setting aside the order of cognisance was not justified, it should not have interfered with the order passed by the learned trial Judge declining to discharge the accused.
From Para 18,
The second limb of the submission is whether in the obtaining factual matrix, the order passed by the
High Court discharging the accused-respondent is justified in law. We have clearly stated that though the respondent was fully aware about the fact that charges had been framed against him by the learned trial Judge, yet he did not bring the same to the notice of the revisional court hearing the revision against the order taking cognizance. It is a clear case of suppression. It was within the special knowledge of the accused. Any one who takes recourse to method of suppression in a court of law, is, in actuality, playing fraud with the court, and the maxim supressio veri, expression faisi, i.e., suppression of the truth is equivalent to the expression of falsehood, gets attracted. We are compelled to say so as there has been a calculated concealment of the fact before the revisional court. It can be stated with certitude that the accused-respondent tried to gain advantage by such factual suppression. The fraudulent intention is writ large. In fact, he has shown his courage of ignorance and tried to play possum.
A victim of a crime has as much right to get justice from the court as an accused who enjoys the benefit of innocence till the allegations are proven against him. In the case at hand, when an order of quashment of summons has been obtained by suppression, this Court has an obligation to set aside the said order and restore the order framing charges and direct the trial to go on. And we so direct.
Moti Lal Songara vs Prem Prakash @ Pappu & Anr on 16 May, 2013