BODHISATTWA GAUTAM Vs. SUBHRA CHAKRABORTY MS

JUDGEMENT

(1.) Subhra Chakraborty (alias-Kalpana) who was a student of the Baptist College, Kohima where the opposite party, Shri Bodhisattwa Gautam was a lecturer, filed a complaint in the Court of the Judicial Magistrate, 1st Class, Kohima Nagaland, alleging, inter alia, as under:-

(2.) This complainant was registered as Criminal Case No. 1/95 under Sections 312/420/493/496/498-A, Indian Penal Code and Bodhisattwa Gautam was summoned but he in the meantime, filed a petition in the Gauhati High Court under Section 482 of the Code of Criminal Procedure for quashing of the complaint and proceedings initiated on its basis, on the ground that the allegations, taken at their face-value, do not make out any case against him. But the High Court by its Judgment and order dated May 12, 1995, dismissed the petition compelling Bodhisattwa Gautam to approach this Court by way of Special Leave Petition (Criminal) No. 2675/95 was filed and was dismissed by us by our order dated October 20, 1995, in which we stated as under:-

(3.) Pursuant to the above order, Shri Bodhisattwa Gautam put in appearance and filed an affidavit in reply in which he denied the allegation made against him in the complaint and stated that the complaint was filed only to harass and humiliate him and, therefore, there was no occasion to direct him to pay any amount as maintenance to the respondent. He also indicated that although he had taken up service in another College, namely Cachar College, his services had since been terminated. Para 4 of his affidavit in which these facts have been stated is reproduced below:-