BARUN KUMAR MALLA Vs. UNION OF INDIA

JUDGEMENT

(1.) A written complaint was lodged by Smt. Manju Das, wife of Sri Fatik Das, on 24 May, 2000, in the Court of the learned Sub -Divisional Judicial Magistrate, registered as M.P. Case No. 99 of 2000, alleging that on 5 May, 2000 at about 18.30 hrs. the complainant was waylaid by the four accused persons including the writ -petitioner named therein, all belonging to the Central Industrial Security Force. The accused writ petitioner allegedly caught hold of the tuft of hair of the complainant, the accused Gokbi and Binay Kumar allegedly pulled her saree and the accused Sharma allegedly pressed her breasts while all of them in a chorus allegedly continued to abuse her in a filthy language. On 24 May, 2000 itself the learned Magistrate directed an enquiry after registration of a criminal case. An FIR on that basis was recorded by the police on 31 May, 2000 under Ss. 342/504/354/376 read with Sec. 511 of the Indian Penal Code.

(2.) On 22 November, 2007 the petitioner at the preliminary hearing pleaded not guilty and wanted to furnish his statement in writing. On 7 December, 2007 the present writ petition was filed praying principally the following reliefs:

(3.) On 12 December, 2007 the authorities were granted liberty by this Court to proceed with the matter after disposing of the pending representation of the writ Petitioner. The proceeding have now been concluded but the final order has not as yet been published. In those circumstances an early hearing of the writ Petitioner was prayed for and the same was accordingly taken up for hearing.