Bombay High Court
Shantaram S/O Amrutrao ... vs State Of Maharashtra, Thr. Pso ... on 7 January, 2021
Bench: V.M. Deshpande, Anil S. Kilor
1 APL270.16.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL APPLICATION (APL) NO.270/2016
Shantaram s/o Amrutrao Gopnarayan,
aged about 44 years, Occ. Service,
r/o Jatharpeth, Kela Plots,
Tq. Dist. Akola. .....APPLICANT
...V E R S U S...
1. State of Maharashtra through
PSO P.S. Balapur, Dist. Akola.
2. Sneha Baburao Bharate,
aged about 25 years, Occ. Service,
r/o c/o Urad, Police Station, Balapur. ...NON APPLICANTS
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Mr. S. V. Sirpurkar, Advocate for applicant.
Mr. M. J. Khan, A.P.P. for non applicant no.1-State.
Mr. A. Subhan, Advocate for non applicant no. 2
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CORAM:- V. M. DESHPANDE AND
ANIL S. KILOR, JJ.
DATE:- JANUARY 7, 2021
ORAL JUDGMENT (Per: V. M. Deshpande, J.)
1. Heard Mr. Sirpuarkar, learned counsel for applicant,
Mr. Khan, learned A.P.P. for non applicant no.1-State and Mr.
Subhan, learned counsel for non applicant no.2.
2. Initially, present application under Section 482 of the
Code of Criminal Procedure was filed by the applicant, who is
Police Constable to challenge the FIR bearing Crime No. 86/2016
2 APL270.16.odt
under Section 354-A of the Indian Penal Code and Section 3 of the
Sexual Harassment of Women at Workplace (Prevention,
Prohibition and Redressal) Act, 2013. This proceeding under
Section 482 of the Code of Criminal Procedure was filed before
this Court on 11.04.2016. Notices were issued on 05.08.2016.
However, no interim relief was granted in favour of the applicant.
During the pendency of this application, the investigating officer
completed the investigation and filed charge-sheet vide Charge-
Sheet No.80/6016 on 27.05.2016. After the said event, the
applicant filed an application for amendment in this proceeding
praying for challenging of the charge-sheet. The application was
allowed on 21.12.2016 and accordingly the applicant amended
application and challenged the said charge-sheet. On 17.04.2018,
the application to challenge the charge-sheet was admitted. While
admitting, stay was also granted in favour of the applicant in
respect of the progress of Regular Criminal Case No. 215/.2016.
3. This application was listed for finial hearing from time
to time. On 17.12.2010, after hearing in detail the submissions of
learned counsel for applicant and complainant, this Court
formulated the following point:
3 APL270.16.odt
"In absence of constitution of inquiry committee
contemplated under the Sexual Harassment of
Women at Workplace (Prevention, Prohibition and
Redressal) Act, 2013, or defect in constitution of such
inquiry committee, whether complaint lodged
independently by the victim or through committee not
properly constituted, would liable to be quashed."
4. In the order dated 17.12.2020 at the request of the
learned counsel for the applicant, the matter was adjourned. This
matter was thereafter taken on 04.01.2021 and 06.01.2021 for
hearing. Since, hearing could not be completed, it was kept for
today. During the hearing of this application, it was noticed by
Mr. Sirpurkar, learned counsel for applicant, that the applicant has
not challenged constitution of the Committee as contemplated
under the Act and non adherence to the principles of natural
justice by the inquiry committee. He submits that in the present
case, he does not wish to challenge the said aspects inasmuch as
other legal course is available to him. He, therefore, submits that
he has instructions from applicant not to press this application and
to withdraw the same.
4 APL270.16.odt
5. Since the applicant wishes to withdraw the present
application, the applicant is permitted to withdraw this application
with liberty to the applicant to take steps as available to him and
as advised to him. Needless to mention that interim order dated
17.04.2018 stands vacated. It is made clear that all the points on
merit to challenge and charge-sheet are kept open.
The application is disposed of.
JUDGE JUDGE
kahale Digitally signed
by Yogesh
Yogesh Kahale
Kahale Date:
2021.01.07
12:54:53 +0530
