MANJARI BAKSHI Vs. STATE

JUDGEMENT

(1.) The instant petition has been filed under article 226/227 of the constitution of India and r/w. Section 482 CrPC for quashing the order dated 28.11.2018 passed by the Ld. ASJ-02, South East District vide which the LD ASJ has dismissed the revision petition moved against the order of Ld. MM-09/South-East dated 29.09.2017 vide which Ld. MM has dismissed the application of the petitioner moved u/s. 156 (3) CrPC seeking registration of the FIR. It is submitted that SHO PS. Defence Colony be directed to register an FIR on the complaint of petitioner dt. 05.06.2015 on the allegations of sexual assault, house trespass and extortion.

(2.) It is submitted that the petitioner, is a married woman, residing at C-293, Defence Colony, New Delhi and is working as Principal of Manava Bharti India Intl. School in Mussoorie, Uttrakhand for the last many years. The accused B. S. Siddhu and other persons have compelled the petitioner to execute property documents in his favour. In November, 2016 accused had come to petitioner's house at C-293, Defence Colony, New Delhi and threatened her by showing weapon and extorted Rs. 10,00,000/-. On the same day, the accused also sexually and physically assaulted, wrongfully restrained and threatened the petitioner and her other family members with dire consequences.

(3.) It is submitted that the petitioner had met the accused, B.S.Sidhu in September 2013 at one Mr. Kashyap's place, Principal Pestle Weed College, Dehradun, to take advice regarding an incident which had taken place in her school (Manava Bharti India Intl. School). At that time, the accused was posted as Senior Police Official in Uttarakhand and the petitioner was totally unaware about the character and mala-fide intention of the accused and had started trusting him as family friend. The petitioner had even provided him access to her property whenever he was around or needed the same. However, after couple of years, the petitioner suspected that the accused was indulging in suspicious activities and was using her property for storing suspicious undisclosed articles and also indulging in immoral and illegal acts and the petitioner had, therefore, asked the accused to return the keys of her property.