AN INTERESTING CASE OF MISUSE OF LEGAL PROCESS AND COURT POWERS IN ONE DISTT OF UP:
A false and counter blast case is filed u/s156(3) by brother of Jija (Brother in law) in Nov. 2005 u/s 352/353/406 etc and maintained singlehandeley for 22 dates and various BW were issued on file only and he cooked the case untill NBW were issued against family members of Girl in Feb. 2008 and complainant took NBWs dasti (by hand)tried to execute but unsucessful.
Family members got bails and now fighting the case.
Since Feb 2008 and upto now 30 dates (total 52 dates since inception of case) held. Complainant is non coperative. Penalties by way of cost, Warning, Last opportunities and even NBWs issued against complainant during these 30 dates. Defendents strongly protested. No witness coming except complaintant and his brother deposed u/s 244 and 246 and complainant gave in writing he does not want to produce any witness. Even doctor who made medical certificate not coming. Complainant continuouly adopting delay tacts even after adverse remarks, costs, last opportuniies, NBWs.
Now my question is Is it fit case of writ u/a 21 of constitution of india since on following grounds:
1. excessive adjournments by complainant
2. non co operation of complainant
3. Misuse of legal procedures and court of law
4. circumstantial evidence is that the case made is false even lay man can infer.
5. Since main purpose of case was to compel girl side to withdraw the case since they are living in Delhi
6. if any other ground is made out
sanjeev
