BENITA SHARMA Vs. ANIL KUMAR SHARMA

JUDGEMENT

(1.) This petition under Sec. 482 of the Code of Criminal Procedure 1973 (in short 'Cr.P.C') is for the quashing of complaint bearing CC No. 112/1/13 under Ss. 308/325/327/329/330/331/341/342/34 of the Indian Penal Code (in short 'IPC') and also for setting aside the order of summoning dtd. 1/11/2013, passed by the Additional Chief Metropolitan Magistrate (in short 'ACMM'), Saket District Courts, New Delhi.

(2.) Brief facts of the case are that respondent No.1 Anil Kumar Sharma/complainant was an employee of 'Welcom Hotel Sheraton New Delhi' since 2003 and at the time of incident he was posted as 'Concierge Attendant' front office. On 24/5/2012, he made a complaint to the SHO, Police Station Saket, New Delhi, stating therein that he was being harassed for the last one year. He requested the petitioner, who was posted as the (General Manager), for leave but no heed was paid to his request. As and when the request for leave was made, respondent No.1 was threatened that he would be transferred. Respondent No.1 further stated that on 24/5/2012, at about 5:00 PM, after completion of his duty, he came downstairs when he was called by the HR and was asked to sign a document to which he refused. He states that Anil Srivastava, Guru and HR staff told him not to go out. He was beaten up by Rohit Sangwan and the Guards. Anil Srivastava and Guru further threatened to kill him. It is stated that he requested the present petitioner (General Manager), who did not pay any heed, for appropriate action against those who were responsible for the aforesaid act.

(3.) It also appears that on 26/5/2012, charge sheet was issued to the complainant by the petitioner, wherein, disciplinary action was contemplated on account of his misconduct and the complainant was also placed under suspension. On 31/5/2012, he gave the reply refuting the contents of the chargesheet.