TAPAN KUMAR BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revision is against an order dtd. 18/2/2019 passed by the learned Additional Chief Judicial Magistrate-2, Kalyani, Nadia in G.R. Case No. 614 of 2018 with a prayer for quashing of the chargesheet in Kalyani P.S. Case No. 288 of 2018 for offence punishable under Sec. 354/506/509/34 IPC. Petitioner no. 1/accused is a professor of Kalyani University and the petitioner no. 2 is a research scholar in the said University under the same Department of Folklore. The opposite party no. 2/complainant is an M Phil student of the same department in the said University.

(2.) The complainant/opposite party no. 2 filed a written compliant with the Kalyani P.S. on 31/7/2018 stating therein that since her admission in Kalyani University, the petitioner no. 1 has misbehaved with her and asked for sexual favours in and outside of the classroom for enabling her to complete her research successfully. The petitioner no. 2 who used to do research under the petitioner no. 1 also did the same with the opposite party no. 2. Over the said issue, the opposite party no. 2 made two complaints dtd. 9/11/2017 and 17/11/2017 respectively to the Vice Chancellor and Registrar of the University. However, since no step was taken, she made representation again on 20/3/2018 before the Presiding Officer, Internal Complaints Committee (ICC) and the earlier two authorities. She made another representation on 21/3/2018 to the Hon'ble Governor and to Minister in Charge, Department of Higher Education and also the UGC.

(3.) The complaint dtd. 17/11/2017 made by the complainant to the University was taken up by the Internal Complaints Committee and after a thorough inquiry, the petitioner no. 1 was held "not guilty' and was discharged from all charges on 2/7/2018.