Supreme Court Quashes Chargesheet Against Retired Captain in Noted Misuse of Law Case

In a significant ruling on Tuesday, the Supreme Court quashed a chargesheet against retired Captain Rakesh Walia, who had been charged with rape, terming the case an “abuse of process of law.” The bench of Justices Sudhanshu Dhulia and K Vinod Chandran highlighted errors by the Delhi High Court in its earlier refusal to dismiss the chargesheet, leading to Walia’s appeal.

Represented by advocate Ashwani Kumar Dubey, Walia contended that the allegations were part of a “sextortion” scheme. The complainant, reportedly a social media influencer involved in similar previous accusations, had filed seven FIRs against nine different individuals over eight years, suggesting a recurring pattern of financial extortion under the guise of legal complaints.

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The Delhi High Court had previously directed the matter to the trial court, which declined Walia’s plea to quash the chargesheet on July 31, 2024. However, the Supreme Court stepped in to offer immediate relief, noting Walia’s deteriorating health conditions, including a recent heart attack and ongoing cancer treatment, as further justification for its intervention.

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The origin of the accusations dates back to the COVID-19 lockdown when the complainant approached Walia to promote his book, “Broken Crayons Can Still Colour.” After several online interactions, they met on December 29, 2021, to discuss promotional strategies. Following this meeting, Walia was shocked to learn from the police about the allegations of being drugged and assaulted by him on the same afternoon.

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