- (1.) HEARD Shri Gopal Chaturvedi, learned Senior Advocate and Shri N. I. Jafri for the petitioner and Shri Irfan Chaudhary and Shri C. Chatterjee for the complainant and learned Additional Government Advocate.
(2.) THE allegations in this case were that the petitioner Dr. Mohd. Sharif, is a Reader in the Sanskrit Department of Aligarh Muslim University had sought to proposition the informant-respondent No. 3, Miss Asma Javed, who was a student of Aligarh Muslim University, on 2-3-2006 in an immoral manner causing mental harassment to her after calling her to his room. After Asma complained to the University authorities, she was pressurize to withdraw her complaint and on 23-3-2006 at about 7. 00 or 7. 30 in the evening the petitioner sent some unknown persons, who sought to compel her to take her complaint back, they even fired at her. She lodged a complaint about this incident with the Proctor of Aligarh Muslim University on 23-3-2006 and when no action was taken on her complaint to the Proctor nor was it forwarded to the police station concerned, she lodged an FIR on 29-8-2006 annexing therewith her complaint to the Proctor dated 23-3-2006, which was registered at case crime No. 375 of 2006, under Sections 294/506/307/509/ 120-B IPC, police station Civil Lines, District Aligarh. It is contended by the learned Counsel for the petitioner that the FIR discloses no cognizable offence and in any case no offence under Sections 294 and 509 IPC was disclosed on the allegations of the FIR. It cannot be said that no offence whatsoever is disclosed on the reading of the FIR as there was a clear allegation of firing on the informant when she refused to take her complaint back and the said action was said to be the result of a conspiracy hatched by the petitioner and, therefore, the FIR against the petitioner was also under Section 506/307/120-B IPC.
(3.) IT was further argued that no action should be taken against the petitioner as the FIR was lodged very belatedly after six months, even though the incident has taken place on 23-3-2006. As the informant had approached the Proctor of Aligarh Muslim University, she could have been hopeful that her complaint would have been forwarded to the police station concerned, but as it was not done, she may have lodged the FIR on the date mentioned. Moreover, it is well-settled that belated lodging of the FIR can give no ground for quashing of the same, although it may be a circumstance for considering the prayer for grant of bail to the accused.;