SUBRATA NAG Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner who is a medical practitioner at Mahesh Bhattacharjee Homeopathic Medical College & Hospital prays for quashing of the ChargeSheet and the entire proceedings in connection with Howrah Women Police Station Case No. 28/2017 dated 07.06.2017.

(2.) The petitioner is a man of repute and is a doctor by profession. The complainant/opposite party no. 2 who is a student of the said college alleged that on 06.06.2017 when she along with her classmate Ayan Mondal went to the room of the petitioner for getting some papers signed by him, the petitioner sent Ayan Mondal to purchase some snacks and molested the opposite party when she was alone in the room.

(3.) Learned advocate for the petitioner states that the complaint has been lodged against the petitioner with the malafide intention and there is no substance in the complaint which may lead to a prosecution under Section 354 of the Penal Code. No enquiry was held by the investigating officer regarding the hours of closing of the college and the allegations made out against the petitioner are not only improbable, but also absurd. The only other witness upon whose statement the opposite party has banked was not present during the alleged incident and heard about the same from the opposite party.