The Hindu : New Delhi News : Man fined Rs. 25,000 for frivolous petition

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Tuesday, Dec 02, 2008
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New Delhi

Man fined Rs. 25,000 for frivolous petition

Staff Reporter

“Intention was to prolong the case and agony of the respondent”

NEW DELHI: The Delhi High Court on Monday slapped a fine of Rs. 25,000 on a person for filing a frivolous petition to prolong criminal and civil cases against him in a court here relating to throwing of sulphuric acid at another person three years ago.

The petitioner, Vipin Jain, had moved the High Court against an order by an Additional District Judge dismissing his application for stay of the civil suit filed by the victim of the acid attack seeking monetary compensation.

Jain had earlier sought rejection of the complaint of the victim but the lower court had rejected it with costs of Rs. 500 imposed on him. Then he had filed an application for stay of the proceedings which was also dismissed by the court with costs of Rs. 2,000.

The petitioner argued in the High Court that if the proceedings in the civil suit were not stayed he would suffer prejudice as his defence would be disclosed.

Justice S.N. Dhingra dismissed his plea saying that it was not supported by facts and circumstances. “In the present case, the effort of the petitioner has been to see that the civil proceedings are prolonged, and the respondent who had filed the suit for damages for disfigurement of his face, loss of right eye and right ear allegedly at the hands of the petitioner and others, was made to suffer further mental agony continuously and even not heard for damages,” Mr. Justice Dhingra said.

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