JAGARNATH Vs. STATE OF H P & ANOTHER

JUDGEMENT

(1.) The order under challenge in this petition has been passed by learned Special Judge, Mandi in an application filed under Section 210 of the Code of Criminal Procedure registered as Cr.M.A. No. 1A of 2017 by accused Prem Lal in Sessions case No. 4 of 2017. The case came to be instituted consequent upon FIR No. 214 of 2015 registered in Police Station, Sarkaghat at the instance of the petitioner herein. The applicant-accused (respondent No. 2 herein) is facing trial before learned Special Judge, Mandi, H.P.

(2.) Admittedly against the petitioner herein, a case was registered on the same day at the instance of one Neelam Devi wife of Praveen Kumar under Section 354 of the Indian Penal Code vide FIR No. 215/15. Said Smt. Neelam Devi, is the daughter of accused (respondent No. 2 herein) Prem Lal in Sessions case No. 4 of 2017, registered at the instance of the petitioner herein.

(3.) As per the allegations in the FIR, the complainant immediately after joining of her duties on 5.7.2014, as Data Entry Operator in the office of the petitioner, he asked for her cell number. She had given her cell number to him. He thereafter, started making calls to her even during odd hours. As and when she was called inside his office used to behave abnormally with her and also using obscene language. On 22.8.2015, he allegedly called her to his office and asked her to set his computer right. His complaint was that e-mails on the computer system were not clearly visible. She while checking his computer system was, however, caught hold by him from backside and started pressing her breasts. She anyhow or other, could manage her escape from him and came outside. It appears that the petitioner was manhandled by accused Prem Lal, the father of aforesaid Neelam Devi only on account of the incident of dated 22.8.2015 with her. Therefore, it is in the ends of justice that criminal cases originated out of FIR Nos.214/15 and 215/15, are tried and decided together in order to avoid conflicting findings and reproduction of evidence.