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The Bombay High Court has imposed a fine of Rs 50,000 on a litigant for filing a frivolous criminal case.
The petitioner,Suresh Jain,had claimed that he had entered into an oral agreement with a developer,after which he took possession of a commercial premises in Worli and set up a shop selling household items and consumer appliances. However,according to him,the developer refused to execute the agreement,following which he filed a civil suit in 2009.
According to Jain,on October 9,2011,after he left his shop and went home,he came to know that his goods were scattered outside the shop. He further claimed that when he went to register an FIR,the police refused to do so and instead took the keys of his shop,purportedly for investigation purposes. He also alleged that the police officers were,instead,partying with the developer at the Dadar police station. He contended that the police deliberately did not take cognizance of his complaint as an enquiry against the Assistant Commissioner of Police of Dadar division had been commenced pursuant to an earlier case filed by his brother Vinod Jain. However,the Division Bench of Justice V M Kanade and Justice P D Kode did not find any substance in Jains allegations and imposed a fine of Rs 50,000 on him.
Public prosecutor Poornima Kantharia told Newsline,The judges noted that he had not backed up his claims about the police taking custody of his keys or celebrating with the developer. It appeared that he simply filed a criminal case when the civil proceedings did not seem to be yielding results.
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