|Crl P. 3585/2021
|Date of Filing
|1. Jaikiran C. K. 2. Shiva Prasad Murthy CK 3. H K Saroja
|1. State of Karnataka through Hassan Ext. Police 2. Sharath Kumar S.G.
The Petitioner, Mrs. Jaikiran, is a woman and a person with blindness. She cleared the Karnataka State Civil Services exam in 2019 and was appointed as the Child Development Project Officer, Hassan.
Since 2019, she has been facing sexual harassment and a hostile work environment, due to her disability. Jaikiran filed a criminal complaint of sexual harassment against her male colleague in this regard. The same led to the colleague in question, filing a counterblast case against her. This counterblast case was quashed by the High Court of Karnataka.
Some months later, in retaliation, an associate of the aforementioned male colleague filed another criminal complaint against the Jaikiran, her brother, and her mother, alleging offences under Sections 504, 323 r/w 34 of the Indian Penal Code.
Since the offences alleged by him were non-cognizable in nature, the police could investigate the matter only after a Magistrate, having power to try such a case, passes an order to that effect. The procedure to investigate such non-cognizable cases has been laid out in Section 155 of the Code of Criminal Procedure.
In Mrs. Jaikiran’s case, the procedure laid out under Section 155 of the Cr.P.C was not followed thereby obscuring the administration of justice. Further, the Magistrate did not take into account the facts and circumstances of the case, nor was the order permitting investigation a reasoned order. On this ground, the Petitioners approached the High Court of Karnataka under Section 482 of the Criminal Procedure Code and sought for the complaint, FIR and all proceedings pursuant to the same to be quashed.
The Petition was allowed on 22.07.2021 on the ground of non-compliance with Section 155 (1) of the CrPC, as the same would vitiate the entire proceedings and the said defect is not incurable. Accordingly, the criminal complaint and consequent proceedings were quashed.