- (1.) Petitioner has invoked the inherent jurisdiction of this Court under Section 482, Code of Criminal Procedure for quashment of the order impugned dated 3.12.2009, passed by the CJM, Ranchi in Complaint Case No. 2042 of 2009, by which cognizance of the offence was taken under Section 354, Indian Penal Code and directed summons' to be issued to the Petitioner to answer the charges, which is presently pending in the Court of Shri Taufique Hussain, Judicial Magistrate, 1st Class, Ranchi.
(2.) Prosecution story in short was that a complaint was filed by the complainant-opposite party No. 2 herein before the CJM, Ranchi against the Petitioner on 17.8.2009 stating inter alia, that she was a widow and was living at Chutia Mohalla, Ranchi with her mother and sister. The accused-Petitioner was an eminent Doctor having his Eye Clinic-cum-Nursing Home. Previously the complainant-opposite party No. 2 was working in the clinic of Dr. (Mrs.) Rita Verma, but later on she joined the nursing home of the accused-Petitioner as a Nurse and began to work there. She was treated well there for quite some time, but thereafter the accused Petitioner began to tease her intentionally and put her in the night shift so that finding her alone, he would gawk and smirk at her. Lastly, she narrated that the accused-Petitioner had been threatening that in case she protested against his advances, she would be removed. However, she continued to tolerate the advances of the Petitioner and ultimately, she decided to give up the job and for that she demanded Experience Certificate, which was given to her on 2.7.2008, but, on the same night, the Petitioner along with many anti-social elements came to her house, persuaded her not to give up the job and to join back his nursing home. She did join the nursing home of the Petitioner. In the meantime, her husband died on 8th February, 2009. The accused-Petitioner tried to continue his misbehaviour by alluring her to give money and to keep her as concubine, to which she conveyed this fact to her mother and sister. The complainant alleged that the Petitioner applied his force in his chamber on 6.5.2009 and when she refused and opposed his advances, she was removed from the job. She then approached "Ujjwal Nari Utthan", a social organization and also approached the Police authorities but no action could be taken and hence, she filed the complaint before the CJM.
(3.) Statement of the complainant-opposite party No. 2 was recorded by the CJM, Ranchi on 7.10.2009 on her solemn affirmation i.e. after a period of more than two months from the date of filing of the complaint in the Court wherein she did not refer any date/day, month of the alleged occurrence nor she made any explanation as to why she had not reported the matter to the Police. She nowhere stated in her complaint petition or in her statement recorded on solemn affirmation that she had raised alarm, in the nursing home on such occasions when the Petitioner had made his advances, where, even according to her, a large: number of Nurses and Staff remained on duty round-the-clock. She admitted that about 60 patients were being treated everyday. As a matter of fact, the complainant-opposite party was removed by the Petitioner due to her ill temper, bad behaviour with patients and negligence of duty about a month prior, to which she had acquiesced by writing regret letter about her negligence of duty and rude behaviour with the Petitioner and had requested the Petitioner for her reinstatement in the job, to which she had undertaken not to be cocky and defiant in future and also that she would attend the patients with sincerity and care. On the above undertaking (Annexure-2), she was taken back into service of nursing home. As a matter of fact, on 18.9.2009 Petitioner had lodged an FIR with the Lalpur Police against the complainant-opposite party No. 2 herein as and one unknown phone-caller, wherein Petitioner had alleged that she with other women had forcibly entered into his chamber on 17.5.2009. at about 12:00 noon and had threatened to get him involved in false case involving women and that she had demanded extortion money from him in presence of other women, lest serious consequences would ensue. They had also asked the Petitioner to settle the matter with the complainant-opposite party, failing to which they would get him humiliated in the society. On the same night, unknown caller demanded extortion money on phone at about 8:00 p.m., to which the Petitioner immediately passed information to the Police, on the basis of which Lalpur P.S. Case No. 97 of 2009 against the complainant-opposite party No. 2 and her gang women for the alleged offence under Sections 387/34, Indian Penal Code (Annexure-3).;