SHRIPAD KULKARNI Vs. STATE OF GOA

JUDGEMENT

(1.) Rule. Made returnable forthwith.

(2.) This Writ Petition is filed by the Management Personnel of a limited Company against the State and their Employees. Respondent no. 2 served as Manager, Human Resources. She claimed leave on personal grounds. She was not allowed. She was called to office on the date of the incident. She claimed that she was handed over a resignation letter to sign which she was coerced to do. She has lodged a criminal complaint on 23.5.2013 against the petitioners herein for the offences under Sections 342 and 506 read with Section 34 of the Indian Penal Code.

(3.) It is the case of the petitioners that no cognizable offence is disclosed in the complaint. It is her case that it is clearly and apparently disclosed. Upon that complaint the FIR has been registered and investigation has proceeded. The investigation is essentially in terms of the statements of several persons of the company as witnesses. About eight such statements are recorded, seven of which are identical. One other statement is in more detail and shows what transpired after the complaint. The spot panchanama has been made and the chargesheet has been filed pending the petition.