Bombay HC: Vague Allegations Without Specific Incidents Insufficient to Push Accused to Trial
Pranav B Prem
The Bombay High Court, Nagpur Bench, has reaffirmed that vague and generalized allegations without specific instances cannot subject an accused to a trial. The bench of Justice Avinash G. Gharote and Justice Abhay J. Mantri made these observations while quashing an FIR registered under Sections 354-A and 354-D of the Indian Penal Code (IPC) against an accused who was allegedly falsely implicated in a sexual harassment case.
Factual Background
The accused, Narendra Kumar Santraj Sharma, Joint Manager at Finlay Mill, Achalpur, was accused by a female colleague, the Training In-Charge, of harassment, stalking, and making inappropriate comments, including statements about her appearance in a saree. The FIR was lodged on April 29, 2021. The accused, however, claimed that the complaint was retaliatory, as he had earlier reported the complainant to higher authorities for slapping him on April 23, 2021. The internal complaints committee (ICC) and a departmental inquiry cleared him of any wrongdoing.
Observations of the Court
The High Court found that the allegations made against the accused were general, vague, and did not include specific incidents that could substantiate claims of harassment or stalking. The court noted:
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No formal complaint was filed by the complainant with any authority until after the accused reported her for misconduct.
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The ICC and departmental inquiries concluded that the allegations against the accused were baseless and appeared retaliatory.
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Witness statements failed to corroborate the complainant's claims, with no evidence supporting the accusations of harassment or stalking since August 2017, as alleged.
The bench stated: “Facing criminal prosecution is a serious affair which one shall not be pushed into unless there is substantial material. Merely by making general and vague allegations that the applicant was involved in the crime without mentioning even a specific single incident against him or by any of the witnesses, it would not be proper to push him to face the trial.”
Reference to Precedent
The judgment relied on the principles laid down by the Supreme Court in Ashoo Surendranath Tewari v. Deputy Superintendent of Police, EOW, CBI & Another (2020), which emphasized that when an accused is exonerated on merits during a departmental inquiry, a subsequent criminal trial on the same facts would amount to abuse of the legal process.
Findings and Decision
The court noted that the allegations lacked credibility and material evidence, constituting a misuse of the legal process. It highlighted the importance of ensuring that criminal prosecution is not weaponized without substantive grounds.
As a result, the court invoked its inherent powers under Section 482 of the CrPC to quash the FIR and related proceedings against the accused.
Cause Title: Narendra Kumar Santraj Sharma v. State of Maharashtra & Anr.
Case No: CRIMINAL APPLICATION (APL) NO.365 OF 2024
Date: January-16-2025
Bench: Justice Avinash G. Gharote, Justice Abhay J. Mantri
[Read/Download order]
