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2012 (3) TMI 709 - SC - Indian Laws

Issues involved: Delay condonation, abuse of judicial process, application of Section 360 of Code of Criminal Procedure, benefit under the Probation of Offenders Act, 1958, and misuse of legal remedies.

Delay Condonation: The judgment highlighted a previous contempt case where derogatory remarks were made about the Supreme Court. It emphasized the importance of ensuring justice for the common man and preventing criminals from abusing the legal system.

Abuse of Judicial Process: The case involved a petitioner, a black-marketeer, convicted under the Essential Commodities Act, 1955. Despite multiple court rejections, the petitioner continued to approach different courts without following proper legal procedures, leading to the dismissal of his appeals.

Application of Section 360 of CrPC: The petitioner sought the benefit of Section 360 of the Code of Criminal Procedure, 1973, and Section 4 of the Probation of Offenders Act, 1958. However, the High Court ruled against granting these benefits, citing legal provisions and previous judgments.

Misuse of Legal Remedies: The petitioner's repeated attempts to modify judgments and seek relief were deemed as an abuse of the judicial process. The court emphasized that easy access to justice should not be misused for filing frivolous petitions, and such actions waste court time and public resources.

Conclusion: The Supreme Court dismissed the petition, stating that the relief sought by the petitioner could not be granted. The court deemed the petition misconceived and untenable, imposing a cost on the petitioner for filing a meritless case.

 

 

 

 

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