Pankaj Naqvi, J. - (1.) Heard Sri Adarsh Kumar, learned counsel for the applicant, Sri Dipak Srivastava, learned counsel for O.P. No.2 and the learned A.G.A.
(2.) This application under Section 482 Cr.P.C has been filed for quashing the proceedings of Criminal Case No.2215/2015, under Sections 504/506 IPC and 3(1)(x) of SC/ST Act, P.S. Nawabganj, Kanpur Nagar, pending in the court of A.C.M.M-VIII, Kanpur Nagar.
(3.) The O.P. No.2 / informant is a Lecturer in the Department of Geography, lodged the above FIR on 13.3.2014 against the applicant, a Reader in the Department of Defence Studies, in the same college, alleging that on 26.8.2012 (Sunday) at about 6.41 P.M, she received a threatening call as well as caste-abusive words from the applicant on her mobile that in the event she is again seen in his Department, she would be thrown out and humiliated; the informant / O.P. No.2 contacted the Principal and the Manager of the College on 27.8.2012, submitted a written complaint, followed by reminders on 3.9.2012 and 19.9.2012, but no action was taken. It was alleged by the informant that she is a scheduled caste, working in the college since 1995, earlier in February, 2011, applicant had committed a similar misconduct, but on the assurance that the said conduct would not be repeated, she desisted from initiating any action. During investigation, statement of the informant was recorded, wherein she reiterated the allegations. Statement of one Dr. Anand Shankar Bhatnagar, the present Principal of the college was recorded, who was stating that the dispute relates to the period prior to his current tenure and at that time, Dr. Sardesai was the Principal who had conducted an inquiry on the complaint made by the informant, wherein no new fact came into light; there is an ongoing dispute relating to seniority between them. Statement of Dr. Dileep B Sardesai was also recorded who stated that on 9.8.2012 he was the Principal of the College, an Admission Committee for the academic session 2012-13 of B.A Part-II (non-practical) was constituted by him in which the name of the informant / Dr. Aruna Kumari, was not shown as a member, Room No.18 was allotted to the Admission Committee to carry out the requisite work, but the Coordinator of the Admission Committee, Kanchan Mishra, without taking his permission, starting carrying out the work of the Admission Committee from the department of Defence Studies after co-opting the informant which was in the teeth of his written instructions dated 9.8.2012. Subsequently, investigation of the case was handed over to the Circle Officer, who was reporting that as the call detail particulars of both the mobile phones were weeded out, same are not available. The C.O. concerned after investigation, recommended a final report on 19.9.2014. It appears that in the meanwhile, informant approached the Scheduled Caste / Scheduled Tribe Commission, New Delhi, obtained an order of further investigation, pursuant to which the matter was re-investigated and the C.O. concerned on 17.11.2014 requested the S.S.P concerned that final report be rejected and permission to file charge-sheet be granted. The charge-sheet came to be submitted against the applicant under Sections 504/506 IPC and 3(1)(x) of the SC/ST Act on 20.11.2014. The learned Magistrate on 9.7.2015 took cognizance of the above offences and summoned the applicant for above offences.;