CHANCHAL MUKHERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This revision application has been preferred for quashment of the proceedings in connection with Kalna PS Case no. 83 of 2014 dtd. 13/2/2014 under Sec. 354/504/506/34 of the Indian Penal Code corresponding to G.R. Case No. 190 of 2014.

(2.) Opposite party no. 2 herein was an employee of a company named India Infoline for one and a half years as permanent gold loan staff. On 13/2/2014 the opposite party no. 2 herein, filed a written complaint with the in-charge of Kalna Police Station alleging inter alia that the opposite party no. 2 was subject to indecent proposal by her Branch Manager Pankaj Mitra on the instruction of one Sandip Singha, staff of the Zonal Office and Assistant Territorial Manager, Chanchal Mukherjee. In the complaint, the opposite party no. 2 has alleged that the above named accused have harassed a lot of female employees in the similar manner in the past but as they could not do the same with the opposite party no. 2 herein, they terminated her from job. It was further alleged that the above named accused tried to offer money in exchange of the withdrawal of the complaint made by the opposite party no. 2. As the opposite party no. 2 did not agree to their proposal the above named accused gave a show cause notice to the opposite party no. 2 to which she did not reply via mail. For that very reason she was terminated the very next day. Thereafter, the accused asked for the keys of the branch office and the vault from the opposite party no. 2 and when she denied to return it the accused threatened her with dire consequences and immediate termination on 12/2/2014.

(3.) On receipt of the complaint a case was registered as Kalna Police Station case no. 83/14 dtd. 13/2/2014 under Sec. 354/504/506/34 of the Indian Penal Code and investigation was concluded only after recording statement of the complainant/opposite party no. 2 and one Ajit Roy under Sec. 161 of the Code of Criminal Procedure (for short CrPC) and subsequently charge sheet was submitted under Sec. 354/504/506/34 of the IPC.