APARNA BHATTACHARYA Vs. NCT OF DELHI

JUDGEMENT

(1.) The petitioner vide this petition under Article 227 of the Constitution r/w Section 482 of the Cr. PC, 1973 seeking quashing of the order dated 09.10.2017 of the learned ASJ-03, PHC, New Delhi in CR No.100/2017 vide which the order dated 20.12.2016 of the learned MM-05, PHC, New Delhi in CC No.1589/1/2016 was upheld vide which the complaint under Section 156(3) of the Cr.PC, 1973 filed by the petitioner herein as complainant i.e. the petitioner herein of the said case was dismissed, which ought to read as application under Section 156(3) of the Cr.P.C., 1973.

(2.) The averments made in the application under Section 156(3) of the Cr.P.C., 1973 filed forming part of the complaint under Section 200 of the Cr.P.C., 1973 r/w Section 190 of the Cr.P.C., 1973 as filed by the petitioner herein as complainant i.e. the petitioner herein thereof against the accused persons and their associates for investigation by the competent authority in the case, lodged to the effect that she, the complainant i.e. the petitioner herein was working as the Personal Assistant to the Deputy General Manager-I (DGM-I), Food Corporation of India (FCI), Regional Office, Raipur, Chhattisgarh from 2013 and had good co-ordination with all the staff and seniors in her Department till the time, the accused no.2 in connivance with accused nos.3 and 4 allegedly for their personal gain used the name of the complainant i.e. the petitioner herein and sent a pseudonymous complaint to the Headquarters, FCI of sexual harassment of the petitioner by the DGM of the FCI with further allegations that another lady was also being sexually harassed by the DGM. The said pseudonymous complaint further submitted that due to the harassment meted out to the present petitioner, she was on the verge of committing suicide. The said complaint had been filed in a fake name of the Dipasha Sharma and it was alleged in the complaint that the DGM had called the complainant i.e. the petitioner herein Dipasha Sharma from different numbers at odd hours and the said Dipasha Sharma was also as per the allegations in the complaint claimed to be a friend of the present petitioner and was stated to be living nearby the colony where the DGM stayed and the said Dipasha Sharma was a college-going student.

(3.) As per the pseudonymous complaint, it was alleged that the petitioner had been used physically by the DGM with the promise that he would marry her but he later refused to do so when she spoke about the marriage.