BIDHYUT CHAKRABORTY Vs. STATE

JUDGEMENT

(1.) This criminal misc main petition under Section 482 Cr.P.C has been preferred by the petitioner for quashing FIR No.76 of 2007 under Section 354,506,509 IPC lodged in police station Maurice Nagar, Delhi and the proceedings emanating therefrom.

(2.) The petitioner was working as an Honorary Director on deputation basis at Gandhi Bhawan and the complainant was an employee there. The complainant filed a complaint against the petitioner under Section 354/506/509 IPC. After completion of investigation chargesheet was filed before the Court. A perusal of chargesheet would reveal that the investigating officer had made enquiries from different staff members of Gandhi Bhawan and from tea vendors and other witnesses available outside Gandhi Bhawan to find out the truth. No one supported the complaint made by the complainant and under these circumstances, SHO filed a report that from the investigation, alleged misbehavior by the petitioner/accused towards complainant has not been confirmed and no evidence has been found against the petitioner for his arrest. However, keeping in view the complaint made by the complainant, the challan was being filed to the court and if the court deems fit, it may issue summons to the accused/petitioner.

(3.) Normally whenever after investigation if no evidence comes on record to confirm commission of crime, a closure report is filed. However, in this case instead of filing a closure report, a strange report was filed by the police that though there was no evidence to confirm the incident, however, court may still summon the accused/petitioner, if it considers appropriate.