A V RAMANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) IN present petition under Section 482 of the Code, the petitioner has prayed, inter alia, that: -

(2.) THE petitioner has, inter alia, challenged order dated 8.2.2007 passed by learned trial Court in Misc. Criminal Application No. 1042 of 2006 whereby learned trial Court has under Section 190(1)(b) of Criminal Procedure Code taken cognizance of the alleged offence under Section 3, 1 (11) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 and Sections 306, 504, 354, and 114 of IPC and also passed direction to issue process against the accused No.1 and accused No.2.

(3.) SO far as the factual backdrop and matrix of the facts involved in and leading to submission of present petition are concerned, it has emerged that the complainant's daughter, who, at the relevant time, was an employee in the bank where the petitioner herein was, at the relevant time General Manager, committed suicide and according to the complainant, sexual harassment and undue -improper pressure and demands at work place were the reasons which drove his daughter to suicide. It has emerged that the complainant's daughter jumped in Aaji -dam on a day between 15.7.1997 to 17.7.1997. Her dead body was taken out on 17.7.1997 by personnel of fire -brigade. Thereafter father of the deceased girl lodged complaint before the learned Magistrate. After considering the complaint learned Magistrate passed order dated 21.7.1997 directing police to conduct investigation under Section 156(3) and submit report. The complaint was registered as M. Case No. 122 of 1997. Subsequently, investigation officer submitted report No. 80 of 1997 and requested for 'C' summary, stating, inter alia, that the deceased girl committed suicide because she was denied leave by bank official however there was no role of accused Nos. 1 and 2 in the deceased girl committing suicide. The Court did not accept the report and directed that officer not below the rank of P.I. should conduct investigation. The police, again filed report requesting for 'C' summary. With reference to the said 'C' summary report the complainant filed protest petition / application. After examining the said report and objection by the complainant learned trial Court passed above mentioned order dated 8.2.2007 which is impugned in present petition.