ABITHA RAMESH Vs. D. SANNA DURGAPPA

JUDGEMENT

(1.) The 1st respondent filed a private complaint under Sec. 200 of Cr.PC alleging that he was appointed as a Lecturer and thereafter he was promoted as Assistant Professor. Since he belongs to lower caste, he was subjected to cruelty by the accused and after conspiring submitted a complaint against him alleging sexual harassment and without conducting a fair and proper enquiry, he was terminated from service.

(2.) The jurisdictional Magistrate referred the complaint to the police for investigation under Sec. 156(3) of Cr.PC. The police registered the FIR for the offences punishable under Ss. 3(1)(ii)(X), 3(1)(ix)(v), 3(1)(viii), 3(1)(ix), 3(2)(i)(ii) of SC and the ST (Prevention of Atrocities) Act, 1989 against the petitioner. Taking exception to the same, this petition is filed.

(3.) The learned counsel appearing for the petitioners submits that the affidavit is not filed along with the complaint for having complied Sec. 154(1) and Sec. 154(3) of Cr.PC. Hence, the complaint filed by the 1st respondent is not maintainable in view of the decision of the Apex Court in the case of Priyanka Srivastava and Ors. vs. State of U.P. and Ors . reported in (2015) 6 SCC 287. He further submits that the complaint is lodged as an after thought so as to harass the petitioner and to wreck vengeance since he was terminated from service on the complaint lodged by the 1st petitioner and also the petitioners No.2 to 6, who have deposed before the 2nd respondent as witnesses in the departmental enquiry conducted against the 1st respondent.