Petitioner sought initiation of proceedings under Section 340 Cr.P.C against the respondent for false allegations, relying on his discharge. The High Court held that dismissal of allegations as vague does not establish falsity, and dismissed the petition.
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MEENA MALHOTRA ..... Respondent Through: None.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI O R D E R % 09.01.2024
“… I have carefully perused the record. The challan has been filed u/s. 354/354B/506/509/34 IPC against all the accused persons.
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/05/2024 at 12:18:10
In so far as accused Gopal Malhotra is concerned, I find that in the complaint there is no allegations against accused Gopal qua the alleged incident of 01.03.15 and in fact, in her statement u/s. 161 Cr.P.C, the complainant has even mentioned that accused Gopal was not present at the spot on 01.03.15, Further, there is no allegation against accused Gopal in the complaint. The only allegation against accused Gopal is in the statement of the complainant u/s.164 Cr.PC to the effect that he along with the co accused persons tortures the complainant and makes bad gestures to her etc. However, these, allegations are vague as no date and time has been mentioned as to when the accused committed the abovesaid acts. Therefore, accused Gopal is discharged.
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Accordingly, charge is framed against the accused Shyam and Rajesh u/s. 354/509/34 IRC, to which the accused persons pleaded not guilty and claimed trial.
Relist for PE on 02.05.19.”
MANOJ KUMAR OHRI, J
JANUARY 9, 2024/ rd
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/05/2024 at 12:18:10
1 issue framed by the court
Does discharge on the ground of vague allegations justify proceedings under Section 340 Cr.P.C against the complainant?
2 provisions across 1 enactments
Gopal Malhotra
Meena Malhotra
Manoj Kumar Ohri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
