M.K.SUDARSHAN Vs. SHILPA G.R.

JUDGEMENT

(1.) Respondent No.1 lodged the FIR alleging that when she was working as lecturer in Rajeev Gandhi Institute of Public Health and Centre for Disease Control since 11/3/2015, she was subjected to sexual harassment by the petitioner/accused herein. The police registered the FIR for the offences under Sec. 354 A and 509 of IPC . The registration of FIR is impugned in this petition.

(2.) Sri.S.G.Bhagavan, learned counsel for the petitioner submits that the allegations made in the FIR even accepted on the face of it, does not constitute the offence punishable under the provisions of Sexual Harassment at Work Place (Prevention, Prohibition And Redressal) Act, 2013. He submits that the cognizance of the offence under the provisions of the Act of 2013 can be taken by the learned Magistrate only upon complaint in writing of the victim or any authorized person. He further submits that the enquiry was conducted by the Department on the complaint filed by the informant and the Department after conducting enquiry has submitted the report stating that the allegations of sexual harassment is baseless and same has attained finality.

(3.) Learned High Court Government Pleader appearing for respondent No.2-State submits that the allegations made in the FIR clearly discloses that petitioner/accused outraged modesty of respondent No.1, and the allegations requires to be investigated further. Hence, the registration of the FIR does not warrant any interference.