HC imposes costs on woman for challenging investigation and bail to men she accused of rape and molestation

In an order dated 22 September, 2015, Justice Indermeet Kaur of Delhi High Court has imposed total costs of Rs. 40,000 (Rs. 20,000 each in two cases) on a woman for filing two applications by which she had challenged grant of bail to an accused person whom she had accused of rape (two other persons were accused of molestation), and also for challenging the validity of the investigation. The High Court noted that both these petitions (Crl. M.C. No.389/2014 and 1139/2014) were an abuse of the process of the Court and a wastage of its precious time, and accordingly, both these petitions were dismissed with costs quantified at Rs.20,000/- each.

The complainant woman had allegedly filed complaint against 3 men. With the first person, she admittedly had physical relations and live-in relationship on the promise that the said person would be marrying her. However, later it turned out that the said person was a married person with children. She filed a complaint of rape against him. He had been granted anticipatory bail by the court, which was challenged by her before the high court by her first application.

Other two men were accused of molestation. Charge sheet under Section 354 IPC was filed against them.

By the second application, the complainant woman had challenged the investigation on the ground that it was invalid.

The high court did not find merit in both her applications and observed that both these applications were abuse of the process of the Court and a wastage of its precious time. It was in view of these reasons that the aforesaid costs were imposed on her for wasting time of the court. Incidentally, the order of the High Court was passed by a Lady Judge of the court.

Full judgment of the Delhi High Court in this case can be read online here.

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