S. K. SHARMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Afaque Ahmed, the learned counsel appearing for the petitioner, Mr. Mukesh Kumar, the learned counsel appearing for the O.P.No.2 and Mr. Manoj Kumar Mishra, the learned counsel appearing on behalf of the respondent State.

(2.) This petition has been filed for quashing the order dtd. 11/7/2017 passed by the learned court of Judicial Magistrate First Class, Bokaro in connection with C.P.Case No.45 of 2016 where by the learned counsel has taken cognizance against the petitioner under Sec. 354 IPC and also for quashing the entire criminal proceeding against the petitioner and the case is pending in that learned court.

(3.) The O.P.no.2 has filed the FIR alleging about the misbehaviour made by this petitioner which was investigated by the police and final form was submitted in which the case has been stated to be not found to be proved and thereafter the O.P.no.2 filed the complaint cum protest petition alleging therein that the complainant has alleged that she along with her family resides at Sector VI/B, Quarter No.2083, Bokaro Steel City, Bokaro and she is a law abiding citizen. It has further been alleged that the father of the complainant late Dr. Ranjeet Tripathi was founder lecturer cum former Reader and Head of the Department of Hindi in Bokaro Steel City College, Bokaro. It has further been alleged that the said house in which the complainant and her family members reside, has been allotted by the BSL management. It has further been alleged that on several occasions the petitioner tortured her and her family members on the pretext of vacating the quarter and tried to forcibly vacate the quarter. However, sizable amount of her father could not be paid due to influence of the petitioner. It has further been alleged that on 26/2/2015 at about 6 PM when the complainant was at home in the meantime the accused persons came and knocked her door. When she opened the main door of her house, then accused held her right hand with bad intention and started outraging her modesty talking with filthy language. It has further been alleged that the complainant became afraid and called her sisters and the accused on seeing the person coming there, started fleeing from the house. It has further been alleged that at that relevant time no male members were present in the house and the accused tried to get the benefit of the same. It has further been alleged that the outer door of the house is surrounded with the grill and by chance at that time the same was opened and the accused tried to get the benefit of the same. It has been alleged that a complaint was lodged in the police station but police officer has not done proper investigation and final form was submitted. It has been alleged that after that accused persons came on 21/3/2015 and threatened them for withdrawal of case, failing which ready to face its consequences.