TAYAB HUSSAIN Vs. KANCHAN SHARMA

JUDGEMENT

(1.) FIRST respondent Kanchan Sharma filed a complaint (Annexure P-4) before the learned Chief Judicial Magistrate, Jagadhri (Criminal Case No. 433/1 of 1995) on 26.7.1995 against the petitioners (1) Tayab Husain, and (2) Ayub Husain under Sections 451 and 354 read with Section 34 I.P.C. She has alleged therein that on 19.4.1995 at about 9.00/9.30 a.m., while she was sitting in the office of Saraswati Model School, Yamuna Nagar, where she is working and was attending to her work, the first petitioner Tayab Husain, in furtherance of the common intention with the second petitioner Ayub Husain, forcibly entered into the office, caught hold of her arm and started misbehaving with her. She also alleged that the first-petitioner Tayab Husain, with the intent to outrage her modesty, tried to catch hold of her breast, by which her shirt came in the hands of first petitioner. She has further alleged that in the meantime, Smt. Asha Sandhu, another teacher of the school who had come into the office and on noticing the cry of the complainant, rescued her from the clutches of the first petitioner. According to the complainant, the occurrence was also witnessed by Smt. Punam Sharma, another teacher who had come into the office, after hearing the noise of the complainant and had seen the first petitioner Tayab Husain running from the office. The complainant has also alleged that the first petitioner, with the help of the second petitioner, who was standing outside the office on a scooter, ran away from the scene.

(2.) BEFORE the learned Chief Judicial Magistrate Jagadhri, the complainant/first-respondent examined herself as CW-1, Asha Sandhu as CW-2 and Punam Sharma as CW-3. After considering the evidence, the learned C.J.M. came to the conclusion that there is prima facie evidence to summon both the petitioners under Sections 451 and 354 read with Section 34 I.P.C. and summoned them accordingly, by his order dated 7.10.1995 (annexure P-3).

(3.) THAT is why the petitioners have now filed this criminal miscellaneous application u/S 482 Cr.P.C. for quashing the orders passed by the learned Chief Judicial Magistrate and the Additional Sessions Judge, Jagadhri. The complainant/first-respondent and the State of Haryana/second-respondent have filed separate replies.