JAIDEEP CHATTERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Both the criminal revisions filed by two sets of accused persons praying for quashment of FIR and consequent charge-sheet filed against them were heard analogously and this Court delivers the following composite judgment as hereunder.

(2.) On 18/10/2022, the opposite party No.2 Miss Sagarika Malakar lodged a written complaint stating, inter alia, that she has been working for gain in Srei Infrastructure Finance Ltd. situated at Sector V, Salt Lake. It was alleged in the written complaint that since April, 2022, she noticed that one Asmaat Zaheer, Audit head of the said organization was staring at her in a disgraceful manner. Many times the said Asmaat Zaheer commented on her sitting posture and being a woman she felt all such comments humiliating and embarrassing.

(3.) On 28/7/2022, the opposite party No.2 went to one Goutam Chatterjee, manager to help her to file her IT return. At the relevant point of time, the said Goutam Chatterjee was not in his cabin and one Souren Mukherjee who was present in the table asked her bring her laptop to help her filing IT return. As soon as she started working on her laptop being helped by Souren Mukherjee, a group of about 15 persons surrounded her under the leadership of Jaidip Chatterjee (HR Head), Asmaat Zaheer (Audit Head) and Binoy Kumar Mishra (Legal Head)(The abovenamed accused are the petitioners in CRR No.4338 of 2022). Binoy Mishra started shouting and abusing at the defacto complainant saying that she was transferring confidential data to Souren Mukherjee. The abovenamed person abused her with filthy language saying 'Schedule Caste and Choto Jaat er Barabari". The defacto complainant tried to convince them but the accused persons did not give any opportunity to her to place her version. They also abused her by uttering sexually coloured statement publicly. Thereafter on being directed by Binoy Mishra and Asmaat Zaheer, one Rajesh Dhawan and Khemraj Pandey of Audit team and one Moumita Jana of HR department started video-graphy of the entire incident. The laptop of the opposite party No.2 was also seized and after 15 minutes it was returned to her. Throughout the entire incident, Jaidip Chatterjee was present at the spot as a silent spectator.