In a petition filed before the Delhi High Court for seeking directions to the Trial Court for expeditiously disposing of the trial arising out of a First Information Report (FIR) under Section 420 of the Indian Penal Code, 1860 (IPC), a Single Judge Bench of Justice Girish Kathpalia found the petition to be frivolous and dismissed the same with costs.
Regarding the locus standi, the petitioner submitted that since she was the victim and the complainant of the offence, she had the right to file the present petition.
The Court stated that since the present case was a State case, the role of the complainant de facto was only limited to being a witness and that only the State or the accused could file a petition such as the present one. It was also mentioned that the complainant de facto could sustain action independent of prosecution only in certain situations laid down by law.
Further, the Court stated that the present petition was not only frivolous but also a drain on already overflowing dockets of the Court and dismissed the same with a cost of Rs. 10,000/- to be paid by the petitioner within a week.
Lastly, the Court found that DHCLSC had provided the counsel to the petitioner without examining the strength of the case and directed the Secretary of DHCLSC to ensure that sustainability of legal proceedings to be initiated through free legal aid is tested so that public money is not wasted in the future.
Appearances:
For Petitioner – Mr. Shiv Chopra (DHCLSC), Ms. Surbhi Arora
For Respondents – Mr. Ajay Vikram Singh (APP)
