Delhi Court Slams AI-Like, 'Meaningless' Drafting Of Plea; Imposes ₹20K Costs On Complainant

A Delhi Court recently came down heavily on a complainant for filing an application seeking registration of an FIR, observing that the pleading appeared to reflect “more technical intervention and less of human mind contribution”, while also wasting judicial time.

ACJM Neha Mittal of Rouse Avenue District Courts dismissed an application filed under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita seeking directions to register an FIR against one Syed Shahnawaz Hussain as well as the police officials for not investigating the matter properly.

“….this Court deems it appropriate to highlight the quality of the drafting that has been dumped before this Court. It is not only the grammatical mistakes but also insertion of some random meaningless words that has led to wastage of judicial time as efforts were made to try to make sense out of these words but not of much avail,” the judge said.

The complainant, Punam Pandey, sought registration of FIR for commission of offences punishable under Sections 61 (criminal conspiracy), 238 (causing the disappearance of evidence), 229 (giving or fabricating false evidence) and 308 (extortion) of BNS and Sections 7, 8 and 13 of the Prevention of Corruption Act.

Pandey alleged that she had received threats to her life and that of her family, and had earlier lodged complaints with the SHO, Mehrauli and the Commissioner of Police in April 2018. It was her case that despite making a PCR call, no effective action was taken by the police.

She contended that in a separate FIR registered against Hussain in 2023 for serious offences, the police failed to conduct a proper investigation. It was alleged that the SHO and Investigating Officer accepted a bribe of over Rs. 50 lakh from the accused and deliberately shielded him.

Dismissing the application with Rs. 20,000 costs on Pandey, the Court highlighted poor drafting, including a para reading as 'that is why the me could not take legal action against the OCT accused because the me is Lady. a LATTES simple Framner……….The mean Lebaut was in depression………..The complaint EO SHO PS Mehrauli, New Delhi BHE BE Action was taken till me.'

The judge said that the lines did not make any sense and failed to convey anything else, except the fact that drafting “might have been done with more technical intervention and less of human mind contribution.”

Noting that such practices have recently been deprecated by the Supreme Court and various High Courts, the Court said:

“ Despite nipping such complaints in the bud, litigants filing these frivolous complaints are definitely successful in wasting judicial time, if not more. In such situations, Courts cannot be left powerless. Hence, in order to meet the ends of justice, this Court deems it fit to impose cost upon the complainant,” the Court said.

Further, on merits, the Court held that the application was not maintainable due to non-compliance with the mandatory requirement under Section 173(4) of BNSS.

It noted that the complainant had sent complaints to the SHO and DCP simultaneously, without giving reasonable time to the SHO to act, thereby violating the statutory scheme.

The Court also observed that the application filed by the complainant was missing in material particulars required for commission of this offence. It added that mere use of the term “Criminal Conspiracy” at isolated places cannot be the basis for the Magistrate to arrive at a satisfaction regarding the commission of this cognizable offence.

“Hence, in view of the above discussion, this Court is of the concerned opinion that the complaint and the application filed by the complainant does not disclose any cognizable offence,” the judge said.

On the aspect of corruption allegations, the Court held that a Magistrate cannot direct investigation under the Prevention of Corruption Act, 1988, as cognizance lies with the Special Judge.

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