Frivolous Cases Have Detrimental Impact On Legal System; Prosecution & Legal Departments Must Exercise Due Diligence Before Initiating Cases: Delhi HC
The Delhi High Court said that the prosecution and legal departments must exercise due diligence before initiating cases as filing of frivolous cases has detrimental impact on the legal system.
The Court was dealing with a petition seeking grant of leave to appeal against the judgment of the Additional Sessions Judge (ASJ), Special Fast Track Court, Rohini, Delhi arising out of an FIR registered for the offences under Sections 376 and 511 of the Indian Penal Code (IPC).
A Single Bench of Justice Amit Mahajan observed, “The filing of frivolous cases has a far-reaching, detrimental impact on the legal system. It not only clogs the Courts with unnecessary litigation but also delays the hearing of genuine cases that are patiently awaiting their turn to be addressed. Such delays undermine the efficiency of the judiciary, causing distress to litigants. Therefore, it is imperative that the prosecution and legal departments exercise due diligence before initiating cases, in order to preserve the integrity of the judicial process and ensure timely justice for those with legitimate grievances.”
APP Ajay Vikram Singh appeared for the petitioner while Advocate Ashwani Sharma appeared for the respondents.
Factual Background -
The ASJ had acquitted the respondents-accused. An FIR was lodged following an information about a quarrel on Street No. 4, Lal Bagh. The victim and her mother were taken to the police station where their statements were recorded. As per the victim, her mother worked as a maid in several houses and one day when her parents were away at work, she and her younger brother were at home. It was stated by her that, while retrieving a mattress from the rooftop, the accused (landlord’s son) allegedly grabbed her and took her to a hut on the roof and attempted to commit rape upon her. It was alleged that when an alarm was raised, he fled and the victim then went downstairs and asker her brother to call their elder sister, who lived nearby.
After disclosing the incident to the victim’s sister, the victim informed the parents. Thereafter, the Trial Court framed the charges against the accused. In her examination-in-chief, the victim supported the case of the prosecution but in the cross-examination on the same day, she deposed that the dispute took place between her family and the family of the accused regarding vacating the premises. On being asked by the Trial Court, she replied that false complaint was filed against the accused persons. The Trial Court on considering the evidence, acquitted the respondents and hence, the case was before the High Court.
The High Court after hearing the contentions of the counsel, noted, “The filing of frivolous cases has a spiral effect on other litigations which are waiting for their turn to be heard before the Courts.”
The Court said that, although this case clearly qualifies as one where costs should be imposed on the prosecution for filing a frivolous appeal, the Court has chosen to refrain from passing such an order with a direction to the Department of Law & Legislative Affairs to exercise greater vigilance and sensitivity in deciding which cases to prosecute.
“The misuse of the legal process through frivolous litigation wastes judicial time and resources, and the Department must ensure that only meritorious cases are brought before the Court, avoiding unnecessary burden on the judicial system”, it added.
Accordingly, the High Court dismissed the petition.
Cause Title- State v. Manpal & Ors. (Neutral Citation: 2024:DHC:7829)
Appearance:
Petitioner: APP Ajay Vikram Singh
Respondents: Advocates Ashwani Sharma and Yajuvandra Singh.
