MAMTA TYAGI Vs. STATE OF DELHI

JUDGEMENT

(1.) The petitioner has preferred the present petition under Sec. 482 of the Code of Criminal Procedure, 1973 ("Cr.P.C.) for setting aside the impugned orders dtd. 7/6/2010 and 15/9/2010, whereby vide order dtd. 7/6/2010, the complaint under Sec. 200 Cr.P.C for summoning, trying and prosecuting the accused for the offence under Sec. 354 of Indian Penal Code ("IPC") was dismissed by the learned ACMM in Criminal Complaint No. 805/1, and thereafter, vide order dtd. 15/9/2010, the revision petition filed against the dismissal of the complaint was also dismissed by the learned Additional Sessions Judge, Rohini in Criminal Revision Petition No. 26 of 2010. FACTUAL MATRIX

(2.) The brief facts are that the petitioner was working as a Lower Division Clerk (LDC) with Aryabhat Polytechnic under the supervision of Respondent no. 2 who allegedly used to call her inside his office to make phone calls or to keep the files of the office. On 12/9/2008, the office superintendent Ms. Veena Bhutani had asked the petitioner to go the office of the respondent no. 2 for making a call to J.A.O. Accordingly, the petitioner had gone to the office of the respondent no. 2 and made the said call. Thereafter, it is alleged that when she gave receiver to the respondent no. 2, he with bad intention had deliberately caught her hand and tried to outrage her modesty. The petitioner has also alleged that she somehow managed to free her hand from Respondent No.2 and told him that he does not have any manners, but he threatened her that if she discloses this fact to anybody, he will get her transferred.

(3.) It is the case of the petitioner that she disclosed this incident to Ms. Veena Bhutani but she did not pay any heed to her request, and rather told the petitioner that it was her personal matter and she should sort it out herself. Thereafter, the petitioner filed complaint dtd. 16/9/2008 to Joint Secretary of Directorate of Technical Training Education on which no action was taken, and later the petitioner sent a complaint to the Chief Secretary, NCT Delhi on which no action was taken either.