Sat. Sep 26th, 2020

Woman fined for Rs 40,000 for abuse of the process of the court and wasting of its precious time

2 min read

Delhi High Court: While disposing the two petitions the court has imposed a
fine of Rs 40,000 on the petitioner who is a woman, for “wasting the court’s
time” by filing two pleas, one for challenging bail granted to three men, whom
she had accused of rape and molestation and second for requesting
reinvestigation in the same matter. The Court also quashed the charges framed
under Section 354 IPC against two of the men, on the grounds that the complaint
filed by the “victim” did not disclose the date or time of the alleged
incident.

In the first petition, the woman
challenged the anticipatory bail granted to the man who was her live-in
partner. She had complained against him, after finding out that he was already
married and had children. She claimed that she had entered into the
relationship in 2009 and had physical relationship with him, as the man had
promised to marry her. The prosecutrix also alleged charges of molestation against
two other men, who were involved in the business run by her. She submitted that
the bail had been granted on a misconception of fact and was wholly based on
the vigilance report which was alleged to suffer from infirmity also forming
the basis of the contention raised in the second petition where in she prayed for
re-investigation in the FIR. She submitted that the investigation had not been
carried out fairly. It was contended that this report should not have been
considered for the purpose of grant of bail or investigation, as the
investigating officer, through which the investigations had been carried out,
was no longer vested with inquiry. The other two men accused of molestation in
the third petition, prayed for quashing of charges against them, as they
submitted that the complainant had business dealings with them and had lodged a
false complaint against them in order to extort money.

The single judge bench comprising of
Indermeet Kaur, J noted that the plea for reinvestigation on the grounds that
“investigation has not been carried out fairly”, was an “abuse of the process
of the court”. The Court held that the investigation in this background suffers
from no infirmity. This is clearly not a case where the petitioner has suffered
prejudice, leave alone grave prejudice for which she is seeking
reinvestigation. Quashing the charges in the third petition the court observed
that, “On general allegations, charges cannot be framed. Criminal jurisprudence
is firm.” [Sapna Gautam v. State of NCT
of Delhi, 2015 SCC OnLine Del
12327, decided on 22-09-2015]
Source: Legal news India

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