In the matter of a woman withdrawing a rape complaint against BJP Airoli MLA Ganesh Naik, legal experts said it’s up to Naik to see how to proceed with the case. Meanwhile, Belapur MLA Manda Mhatre has written to Chief Minister Eknath Shinde and Deputy Chief Minister Devendra Fadnavis asking for a high-level inquiry against the 48-year-old complainant for filing false cases of rape and threat.
High Court lawyer Chitra Salunkhe said that the nature of the allegation has the potential of destroying one’s life and career. She said a deep investigation is required to know the reason why she made such serious allegations and later withdrew them, adding that it is only Naik who can complain against the woman.
Instigator 'will be called' during probe
“She has the right to withdraw the case but the person who instigated her will be called during the investigation. She will have to produce proof of who instigated her and how,” said Salunkhe.
'People file such cases in anger and later withdraw them'
Supreme Court lawyer Arvind Singh said that the court can impose a penalty on the woman for making false allegations. “In a case, where a long relationship is seen, the court allows it to withdraw. In many cases, people file such cases in anger and later withdraw them,” said Singh. He added that the person against whom she made false allegations can file a defamation case.
“As both of them are adults and were allegedly in a relationship, the charges could have been made in anger and anguish and now want to settle the dispute. In such a scenario, the court allows withdrawal. But the court can impose a penalty on the complainant,” said Singh.
