The main legal point established in the judgment is that disputed facts and allegations of sexual harassment cannot be decided in a Section 482 Cr.P.C. petition, and there must be a full-fledged trial to establish the allegations.

JUDGMENT/ORDER

J.M. Khazi, J. - In this petition filed under Section 482 Cr.P.C., petitioner who is arraigned as accused is seeking quashing of criminal proceedings in C.C.No.1565/2017 for the offences punishable under Sections 354, 354-A(1), 504 and 509 I.P.C.

2. Petitioner has contended that he is a Municipal Councilor of Ward No.28, wherein respondent No.2 who is the complainant working as Anganawadi Worker in Anganawadi Centre-01. In view of the irregularities committed by respondent No.2 and others and based on the complaints made by the local residents to him and in his capacity as the president of Bala Vikas Samithi, he has taken action. At his instance, the CDPO has issued show-cause notice to respondent No.2 with regard to the irregularities committed by her. Therefore, respondent No.2 has chosen to file a false complaint against the petitioner alleging that since three years petitioner is sexually harassing her.

2.1 There is inordinate delay of three years in filing the complaint with regard to the alleged sexual harassment. There are no specific allegations and perusal of the complaint makes it evident that respondent No.2 has misused the criminal law to harass the petitioner and to stop him from unearthing the financial irregularities committed by the petitioner. It is a political motivated complaint. Respondent No.2 is trying to convert personal grudge into a criminal proceedings. On 01.12.2016, the Superintendent of Police summoned the petitioner and warned him. Through unofficial channels, respondent No.2 is trying to pressurize the petitioner. Continuation of the criminal proceedings would amount to abuse of process of the Court and prays to allow the petition.

3. Respondent No.1/State is represented by the learned High Court Government Pleader.

4. Respondent No.2 has appeared through Sri V.M.Sheelvant and Sri M.L.Vanti, learned counsel.

5. Vide order dated 26.06.2019, this petition came to be dismissed.

6. Against the same, petitioner approached the Hon'ble Supreme Court in Criminal Appeal No.1259 of 2022 (arising out of SLP (Crl.) No.8100 of 2019. The Hon'ble Supreme Court was pleased to allow the same and remanded the case for fresh disposal as per the observations made in the order.

7. During the course of arguments, learned counsel for petitioner reiterated the petition averments and submitted that being the councilor of Ward No.28, petitioner is the Chairman of the various sub-committees and while monitoring the affairs of the Anganawadi Centre-01 where respondent No.2 is the Anganawadi Worker, petitioner came across the irregularities committed by her and also that her relatives have manipulated the municipal records and got their name entered in the said records as owner of the municipal property. The TMC, Hosapete has passed orders canceling the khata made in respect of the said property. The irregularities committed by respondent No.2 in distribution of the benefits to the expecting mothers is also unearthed due to the efforts of the petitioner. In order to stop him, respondent No.2 has chosen to file a false complaint.

7. In support of the case of the petitioner, the following documents are produced.

i. Copy of complaint dated 07.01.2017 filed by respondent No.2/Complainant.

ii. Copy of FIR.

iii. Copy of charge sheet in C.C.No.1565/2017.

iv. Copy of order sheet in C.C.No.1565/2017.

v. Copy of W.P.No.100513/2017 filed by petitioner for a direction to conduct audit pertaining to Anganawadi Centre-01.

vi. Copy of letter dated 30.04.2014 written by petitioner to CDPO to direct respondent No.2 to appraise him about the execution of schemes (Document No.1).

vii. Copy of notice dated 03.05.2014 issued by CDPO to the 2nd respondent based on letter dated 30.04.2014 by the petitioner (Document No.2).

viii. Letter dated 19.12.2015 by CDPO to the Assistant Commissioner stating that steps are being taken for shifting the Anganawadi Centre-01 to some other premises (Document No.3).

ix. Complaint dated 15.11.2016 said to be given by