CRM-M-45431-2024 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 104 CRM-M-45431-2024 Date of decision: 03.05.2025 AVR Public School and another ...Peoners Versus State of Haryana and others …Respondents CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Deepak Vashisth, Advocate for the peoners. Ms. Trishanjali Sharma, DAG, Haryana. **** ANOOP CHITKARA, J. 1. The peoner-School has come up before this Court through its President and Secretary, seeking launch of prosecuon under Secon 379 BNSS, against respondent No.2, who is younger brother of the President of the School, respondent No.4, who is his nephew and respondent No.3 Smt. Bimla Devi for commi4ng perjury by mis-represenng this Court in CWP No.10550 of 2024. 2. I have heard counsel for the peoner and gone through the pleadings, to ascertain that whether there is substance in the allegaons and whether the case is worth issuing noce or not and an analysis would lead to the following outcome: 3. The peoner’s case is that AVR Educaon Society is a registered society in Gurugram under the Haryana Registraon and Regulaon of Sociees Rules, 2012. The society is running a school named AVR Public School on land measuring 8150 square yards. Respondent no.2, who is younger brother of the President of the Society had filed a writ peon i.e. CWP No.4397 of 2024 (Annexure P-1) before this Court for issuance of direcons to the respondents to take decision on his representaon but that peon was dismissed by this Court by permi4ng him to file fresh peon a@er giving beAer parculars including Regulaon which governs the grant of affiliaon or its renewal and also locus standi of respondent No.2 (peoner in that peon). A@er that, respondent No.2 had filed another writ peon i.e. CWP No.9327 of 2024 (Vijay Singh Kataria Vs. State of Haryana & Ors. ) (Annexure P-2) in which he sought a writ of mandamus by direcng the respondents to constute a Special Invesgaon Team (SIT) under the supervision of Senior Police Officer to enquire into the complaint made by Vijay Singh Kataria to SHO, P.S. Sector-14, Gurgaon. 4. The said writ peon was dismissed on 25.04.2024 and liberty was granted again to file a fresh peon with menoning full parculars, making 1 JYOTI 2025.05.12 15:54 I attest to the accuracy and integrity of this order/judgment. CRM-M-45431-2024 appropriate prayer and specifically stang that there is no alternave remedy. A@er that, Vijay Singh Kataria, filed another writ peon i.e. CWP No.10550 of 2024 (Annexure P-3) before this Court for issuance of direcon to the respondents to decide his representaon dated 12.03.2024. Even this peon was dismissed as withdrawn, however, the Court was considering imposing heavy costs for filing different peons for the same prayer, through different offices, however, on the prayer of peoner, the same was allowed to withdraw. 5. Although, all the three peons are withdrawn but the peoner therein i.e. Vijay Singh Kataria, respondent No.2 had menoned certain facts, which had relied in paragraph 8 onwards, the peoner has referred to various documents and now seeks acon. 6. It appears that the peoner, Society as well as respondent No.2 are rich people, who have sufficient spare money to spend on ficous ligaon. Earlier, respondent No.2 had filed three peons and in the third peon this Court had quesoned him and now the peoner has filed a peon, in which he has arraigned not only Vijay Singh Kataria as respondent No.2 but without any involvement he has arraigned Smt. Bimla Devi wife of Daya Nand as respondent No.3 and one Akash Kataria s/o Vijay Singh Kataria as respondent No.4, who were not respondents in that peon. It is not the peoner’s case that respondents No.3 and 4 were not even the party in the writ peons, thus, this conduct of arraigning respondents No.3 and 4 as party clearly points out that here two brothers are fighng in the Courts because they have surplus money to spend or ge4ng that this luxury affects the process of jusce occupying the me of the Courts in frivolous ligaons where massive number of maAers are pending including a large number of bail peons, where the people are languishing in jail. 7. In case, the peoner had any grievance, he has so many other remedies to take but now the peoner wants this Court also to indulge in a fight with his real brother and wants to seAle his score through Court but this Court refrains to do so, although, this Court should have dismissed the present peon with heavy costs but this Court is refraining from doing so for the reason that even the respondent had filed a similar frivolous peon. As such, it is a not a case for worth issuing noce. 8. Given above, present peon dismissed. All pending applicaons, if any, stand disposed of. (ANOOP CHITKARA) 03.05.2025/Jyo-II JUDGE Whether speaking/reasoned: Yes Whether reportable: No. 2 JYOTI 2025.05.12 15:54 I attest to the accuracy and integrity of this order/judgment.