'No Harassment In Name Of Interrogation': Rajasthan HC Grants Interim Relief To Man Accused Of Sexual Assault By Ex-Partner A Day Before His Marriage
The Rajasthan High Court has granted protection from arrest and harassment in the name of interrogation to a man (petitioner) whose ex-partner filed an FIR against him, alleging sexual assault. The FIR was filed a day before the marriage of the petitioner with another girl. Justice Dinesh Mehta, observed, "Issue notice to the respondents, returnable on 26th May, 2022....
Justice Dinesh Mehta, observed,
"Issue notice to the respondents, returnable on 26th May, 2022. Meanwhile, neither the petitioner shall be arrested nor shall he be harassed in the name of interrogation."
Appearing for the petitioner, Sr. Adv. Ravi Bhansali pointed out that the petitioner and complainant were scheduled to marry on 18th July, 2021 which got postponed on account of the injury which the complainant had purportedly suffered whereafter, there arose some differences.
He submitted that the petitioner has got married recently with another girl on 19th April, 2022 and being annoyed/aggrieved of such fact, the complainant has lodged an F.I.R. on 18 April 2022 levelling false allegations simply with a view to harass the petitioner and destroy his married life.
It was further argued that the allegation levelled in the F.I.R. of sexual assault are absolutely mala fide which is evident from the fact that the engagement/their relationship stood broken in July, 2021 and the complainant had not done anything and waited for a period of more than 8 months and lodged the F.I.R. in question only when she found that the petitioner is about to marry another girl.
Accordingly, the Court issued notice.
Sr. Adv. Ravi Bhansali and Adv. Mohit Singhvi appeared on behalf of the petitioners while PP Mahipal Vishnoi appeared on behalf of respondent-state.
Case Title: Vishwas Khatri v. State Of Rajasthan & Anr