KIRAN LATA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition filed under Section 482 of the Code of Criminal Procedure, 1973 (for brevity "Code") seeks quashing of F.I.R. No. 581 dated 9.12.1995, under sections 420, 379, 170, 171 of the Indian Penal Code registered at Police Station Sadar, Karnal, and the subsequent proceedings taken by the learned Additional Sessions Judge, Karnal.

(2.) THE facts unfolded in the petition reveal a sad state of affairs in the State Crime Record Bureau (for brevity "SCRB") Madhuban because of disrespectful and mischievous attitude towards female employees. The petitioner lost for her husband who was working as Head Constable in the Haryana Police. She was given compassionate appointment as a Clerk in the office of SCRB, Madhuban on 24.4.1991. On 2.3.1993, a commendation certificate was awarded to her by the Director of the SCRB, Madhuban. In September, 1994, one Dharam Pal Yadav, Superintendent of Police (Computer) took charge and started making indecent advances towards the petitioner. The petitioner resisted and repelled those advances which resulted in his annoyance. On 23.1.1995, the petitioner was issued the first warning by the said SP on the allegations that she was late by ten minutes from the office without any permission. On 5.5.1995, another warning was issued to her for tampering with the office record. Still further, on 12.5.1995 the same SP issued her a show notice alleging shady moral character and also as to why the Government residential quarter allotted to her be not got vacated. The petitioner filed Civil Writ Petition No. 7138 of 1995 challenging the aforesaid show cause notice imputing mala fide against the SP Shri Dharam Pal Yadav. On issuance of notice of motion by this Court, the show cause notice alleging shady moral character and threatening to evict the petitioner from the official residential quarter was withdrawn. Thereafter the writ petition was disposed of as having become infructuous. The aforementioned Superintendent of Police recorded annual confidential report of the petitioner on 20.9.1995 and made some defamatory allegations against her moral character. The petitioner made a representation seeking permission of the department to launch prosecution against the aforementioned Superintendent of Police.

(3.) THE petitioner filed Criminal Miscellaneous No. 913-M of 1996 before this Court and the same was disposed of on 7.7.1997 directing transfer of investigation of the case from District Karnal to District Ambala. It was further directed that investigation be conducted by an IPS officer, as is evident from the order Annexure P-5. Thereafter, the investigation was transferred to Smt. Kala Ram Chandran, Additional Superintendent of Police, Ambala. After investigation, she submitted the challan under Sections 379, 170 and 171 of Indian Penal Code on 2.1.1998.