ABID ALI KHAN Vs. PRABHAKARA RAO H MAWLE

JUDGEMENT

(1.) THIS is an application under Section 561a of the Criminal P. C. , asking this Court to quash the proceedings in C. 0. No. 5934/1965 on the file of the VIIIth City Magistrate, City Criminal Court, Hyderabad.

(2.) IT appears that on January 11, 1960 the Advocate-General of the Andhra Pradesh applied to this Court for action against the respondent Prabhskar Rao H. Mawle under Section 2 of the Vexatious Litigation (Prevention) Act, 1949 (Madras Act VIII of 1949), on the allegation tint be had been "habitually" and "without any reasonable ground" instituting "vexations proceedings" in the Courts within the limits of Hyderabad and Secunderabad cities and also in the High Court and that he was a vexatious and habitual litigant and, therefore, sought a, direction under Section 2 of the Act. Mr. Mawle appears to have resisted that petition mainly on two grounds. It was contended firstly that the said Madras Act was ultra vires and unconstitutional and secondly since that Act was not extended to Telangaua area he (Mawle) who was a resident of Telangana could not be proceeded with under the Bail Act in relation to the Courts situated at Hyderabad.

(3.) REPELLING these contentions a Bench of this Court by judgment dated 21st April, 1961 held that the said Act was intra vires and did not offend the provisions of the Constitution. It also held that this Court had jurisdiction to make necessary orders under the said Act against the respondent herein. The High Court, therefore, ordered that no proceeding, civil or criminal, should be instituted by Mawle in the City of Hyderabad without the leave of the High Court and in the City of Secunderabad without the leave of the District and Sessions Judge concerned.