Anil Bhatia v. The State ( NCT Of Delhi) & ANR

$~25 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.REV.P. 251/2019 & CRL.M.A. 4830/2019 ANIL BHATIA ..... Petitioner Through:

Counsel for the petitioner (appearance not given).

versus THE STATE ( NCT OF DELHI) & ANR ..... Respondents Through:

Ms Meenakshi Chauhan, APP for State.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 25.02.2020 1.

The petitioner has filed the present petition, inter alia, impugning an order dated 07.01.2019, whereby charges for commission of offences under Sections 376/354A/506 of the IPC had been framed against the petitioner. 2.

The petitioner is being prosecuted pursuant to FIR No.0251/2018, under Sections 376/506 of the IPC, registered with PS Nabi Karim. The said FIR was registered at the instance of a woman (hereafter 'the complainant' - name withheld to avoid any ignominy). The complainant had alleged that the petitioner used to send SMSs on her phone and used to insist on having a physical relationship with her, which she declined. She stated that the petitioner was a close friend of her husband and, therefore, she did not disclose the same to her husband. She alleged that the petitioner had called her to hotel Metropolitan and had raped her on gun point. She also alleged that on 09.07.2015, he had made her sign on certain documents, including certain cheques worth ₹55 lakhs.

3.

It is the petitioner's case that the allegations against him are completely false and the same have been made by the complainant only to avoid legal liability to pay certain debts.

The petitioner also claims that complainant has been abusing the process of law and has filed such vexatious and malafide complaints against other persons. 4.

The learned counsel appearing for the petitioner submits that the inquiries had revealed that the complainant had also filed a similar complaint against another set of persons and had, subsequently, compromised the matter.

5.

This Court is of the view that no interference at this stage is warranted. The complainant has made specific allegations and the charges have been framed pursuant, thereto. However, if the Trial Court finds that the allegations made against the petitioner are unsubstantiated and the same are vexatious; the Trial Court shall take necessary steps for initiating appropriate proceedings against the complainant for initiating vexatious proceedings against the petitioner.

6.

This Court further requests the Trial Court to complete the proceedings, as expeditiously as possible.

7.

The petition is disposed of with the aforesaid observations. The pending application is also disposed of.

VIBHU BAKHRU, J FEBRUARY 25, 2020 MK