“A robust mechanism ought to be developed for imposing heavy costs on such individuals who end up wasting the time of the investigating authority as well as the court,” the court observed.
Mumbai, Maharashtra: Recently, the Bombay High Court observed the need for a strong mechanism to impose heavy costs on individuals who waste the time of investigating agencies and courts by filing complaints and later consenting to bail or quashing the case after resolving disputes with the accused.
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In urban areas like Mumbai, the court noted, there are frequent cases of rape that arise from failed relationships, leading to criminal proceedings and significant time wastage for the police.
“A robust mechanism ought to be developed for imposing heavy costs on such individuals who end up wasting the time of the investigating authority as well as the court,” the court observed.
This observation came from a bench led by Justice Manish Pitale while hearing a bail plea filed by a man incarcerated following an FIR for rape at Mira Bhayander police station in Thane district. The man’s plea, filed by advocate Jyotiram Yadav, stated that he and the victim were in a relationship, and the FIR was registered on November 1, 2023, due to a misunderstanding.
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The victim submitted an affidavit, and her lawyer, Mamta Hasrajani, stated that the victim and the accused had resolved their differences.
However, Additional Public Prosecutor Tanveer Khan, representing the police, opposed the bail plea, arguing that the offence was serious, with the accused having uploaded the victim’s mobile number on social media, leading to obscene messages being sent to her. Khan emphasized that such acts should not be condoned, regardless of the resolution between the accused and the victim.
Despite the serious allegations, the court, influenced by the victim’s affidavit, granted bail with certain conditions. Nevertheless, Justice Pitale expressed concern over the unnecessary registration of FIRs and the consequent waste of police time, which could be better spent on investigating serious offences.
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The court observed that, over time, victims and accused often reconcile and seek to quash proceedings they initially initiated, leading to wasted court time.
Justice Pitale stated that the court believes a robust mechanism should be developed to impose heavy costs on those who waste the time of investigating authorities and the courts. The bench indicated that it might issue such an order in a suitable future case.
