38.6c New Delhi, India, Friday, March 29, 2024
Judiciary

Himachal Pradesh HC Quashes Sexual Harassment Case Against Actor Jeetendra [Read Judgment]

By LawStreet News Network      22 May, 2019 12:00 AM      0 Comments
Himachal Pradesh HC Quashes Sexual Harassment Case Against Actor Jeetendra [Read Judgment]

The Himachal Pradesh High Court on May 20, 2019, has quashed a sexual harassment complaint lodged against Actor Jeetendra noting that limitation period under Section 468 of the Code of Criminal Procedure, 1973, has to be calculated from the alleged date of commission of the offence.

A single judge Bench of Justice Ajay Mohan Goel was hearing a petition filed by the actor under Section 482 of the Code of Criminal Procedure, 1973, praying for quashing the FIR registered under Section 354 of the Indian Penal Code, 1860, against him. The FIR was registered at Women Police Station, Shimla pursuant a complaint filed by actor’s cousin alleging sexual harassment by him in the year 1971.

In the petition, the actor has contended that the alleged incident dates back to the month of January, 1971 and that the FIR has been registered with an oblique motive to harass him.

On perusal of the contents of the FIR, the court observed that “FIR demonstrates that same are vague and lead to only one conclusion that the allegations which have been made therein are so absurd and inherently improbable, on the basis of which, no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused."

Further, noting that the limitation for the purpose of Section 468 of the Code of Criminal Procedure, 1973, has to be seen as from the said date vis-à-vis the alleged date of commission of the offence.

The court said, "It is not to be seen from the date of receipt of information by the Police vis-à vis the date on which cognizance may be taken by the Magistrate concerned in terms of Section 190 of the Code of Criminal Procedure. It is a matter of record that as from the date of alleged incident which as per the victim took place in January, 1971, the complaint is also not within limitation for the purpose of Section 468 of the Code of Criminal Procedure, as date of filing of the complaint is beyond three years as from the year and month when the alleged offence was committed."

“Where admittedly the FIR has been lodged after more than four decades as from the year when the alleged incident took place and as admittedly the punishment for committing the offence alleged against the petitioner as in the year 1971 was a maximum of two years imprisonment and further as under Section 468 of the Code of Criminal Procedure, 1973, no Court shall take cognizance of an offence after the expiry of period of limitation of three years, if offence is punishable with imprisonment for term exceeding one year but not exceeding three years, this petition deserves to be allowed and the FIR in issue deserves to be quashed and set aside,” the court concluded.

[Read Judgment]



Share this article:

User Avatar
About:


Leave a feedback about this
TRENDING NEWS

arvind-kejriwals-plea-for-interim-release-rejected-by-delhi-high-court
Trending Judiciary
Arvind Kejriwal's plea for interim release rejected by Delhi High Court [Read Order]

Delhi High Court rejects Arvind Kejriwal's plea for interim release in money laundering case related to liquor policy scam, pending ED's response.

28 March, 2024 10:50 AM
youtuber-strings-plea-against-youtube-accounts-suspension-andhra-pradesh-hc-issues-notice-to-centre-google
Trending Top Stories
BREAKING: Youtuber String’s plea against Youtube accounts suspension: Andhra Pradesh HC issues notice to Centre, Google

Andhra Pradesh High Court issues notice to the Centre and Google LLC on Youtube journalist String’s plea against suspension of its accounts by Google (which owns Youtube).

28 March, 2024 11:26 AM

TOP STORIES

delhi-liquor-scam-court-remands-arvind-kejriwal-to-ed-custody-till-march-28-read-remand-application
Trending Judiciary
Delhi liquor scam: Court remands Arvind Kejriwal to ED custody till March 28 [Read Order]

Delhi liquor scam: Arvind Kejriwal remanded to ED custody till March 28. Court grants agency permission for interrogation in liquor policy case.

23 March, 2024 11:53 AM
sc-dismisses-centres-plea-for-review-of-judgment-directing-ed-to-furnish-written-grounds-of-arrest-to-pmla-accused
Trending Judiciary
SC dismisses Centre’s plea for review of judgment directing ED to furnish written grounds of arrest to PMLA accused [Read Order]

Supreme Court dismisses Centre's plea, upholds judgment mandating Enforcement Directorate to provide written grounds of arrest in PMLA cases.

23 March, 2024 03:14 PM
kerala-hc-to-hear-lesbian-couples-plea-against-forced-conversion-therapy-on-april-9
Trending Judiciary
Kerala HC to hear lesbian couple’s plea against forced conversion therapy on April 9

Kerala HC will hear a lesbian couple’s plea highlighting that one of them was subjected to forced conversion therapy.

23 March, 2024 03:30 PM
how-can-people-be-compelled-to-vote-madras-hc-asks
Trending Judiciary
“How can people be compelled to vote? Madras HC asks

“How can people be compelled to vote?”, the Madras HC queried in a plea asking employers in Tamil Nadu to demand proof from employees of having voted on polling day.

23 March, 2024 05:04 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email