Mumbai court dismisses Tanushree's MeToo allegations against Nana Patekar—case explained
What's the story
A Mumbai court has dismissed Tanushree Dutta's #MeToo allegations against Nana Patekar, saying the complaint was filed "beyond the period of limitation" without any valid reason for the delay, reported PTI.
The allegations, first made public in 2018, accused Patekar and three others of harassment while filming a song for the 2008 Bollywood film Horn Ok Pleassss.
The court observed Dutta's complaint was filed more than a decade after the incident.
Dismissal
Court cited 'delay' in filing complaint as reason for dismissal
Judicial Magistrate First Class (Andheri) NV Bansal said, "No application for condonation of delay has been filed either by the prosecution or the informant to let the court know the reasons for delay."
"There is no reason before me to take cognizance after a long lapse of [over 7 years] after expiry of [limitation period]."
"If such a huge delay is condoned without any sufficient cause then it'll be against the principle of equity and true spirit of the law."
Legal proceedings
'Alleged first incidence cannot be said to be false...'
Notably, in 2019, the police submitted a B-summary report saying their probe didn't find any incriminating evidence against the accused.
Dutta then filed a protest petition, asking the court to reject this B-summary and order a further probe into her complaint.
However, the court said, "The alleged first incidence cannot be said to be false nor can be said as true as the court has not dealt with the facts of the alleged incident."
Information
What does a B-summary report mean?
Per Deccan Herald, "A "B summary" report is filed when the police classify the case as maliciously false or when there is no evidence or a prima facie case against the accused after investigation." Lawgic says, "Usually a final report will lead to the acquittal of the accused upon acceptance by the court."
Dutta's reaction
Dutta reacted to the development
Dutta asserted that she would continue to fight.
In a series of Instagram Stories, she wrote, "Me and my legal team have won the case...the court has dismissed/ cancelled/refused to take cognizance of the B-summary report filed by police on the 2008 harassment incident on the Horn Ok Please movie set."
"Chargesheet will be filed soon on Nana Patekar and others as police have no other option now."
She accused Patekar of "spreading fake news on the [court] judgment."
Accusations
Dutta's accusations ignited India's #MeToo movement
A key player in India's #MeToo movement, Dutta had accused Patekar of misconduct on the sets of a special song of Horn Ok Pleassss in 2008.
She filed an FIR at the Oshiwara Police Station in October 2018, formalizing her allegations.
However, the police's closure report in 2019 cited a lack of sufficient evidence to prosecute Patekar, choreographer Ganesh Acharya, producer Samee Siddiqui, and director Rakesh Sarang, named in Dutta's complaint.