Persistent Delays and Frivolous Petitions Lead to Rs. 50,000 Cost Imposed on Accused Azad Saifi
In a significant judgment delivered by the Delhi High Court, Justice Girish Kathpalia dismissed a petition filed by Azad Saifi, imposing a cost of Rs. 50,000 for the accused's misuse of procedural law in a criminal complaint case against Akhtar Ali. The case, originally instituted in July 2016, has faced numerous delays due to the accused's repeated failure to cross-examine the complainant and filing frivolous petitions.
The judgment highlighted the accused's pattern of behavior, including multiple adjournments and absence from trial proceedings. Despite being granted several opportunities to cross-examine the complainant, Saifi consistently failed to appear, leading to the closure of his right to cross-examine on multiple occasions. The trial court had declared him an absconder in February 2020, which was later challenged and set aside in October 2022, granting Saifi further opportunities to participate in the trial process.
However, even with additional chances provided by the Court of Sessions, Saifi continued to delay proceedings without valid reasons, including not paying costs or providing sufficient explanations for his absence. His attempts to challenge the closure of cross-examination rights were found to be based on false grounds, as the court discovered discrepancies in the medical records submitted to support his claims.
Justice Kathpalia's judgment emphasized the misuse of procedural indulgence and the frivolous nature of Saifi's petitions, which appeared to be aimed at prolonging the trial with the hope that the complainant would abandon the case. The court found no merit in the revision petition and deemed it a mischievous attempt to obstruct the judicial process.
The High Court's decision underscores the importance of adhering to procedural rules and the consequences of abusing the legal system. By imposing a substantial cost, the court aims to deter similar conduct and reinforce the integrity of judicial proceedings.
Bottom line:-
Abuse of procedural law by repeatedly delaying the trial court proceedings - Petition dismissed with costs for filing frivolous petition.
Statutory provision(s): Criminal Procedure Code, 1973 - Section 251, Limitation Act - Section 5
Azad Saifi v. Akhtar Ali, (Delhi) : Law Finder Doc id # 2897149
