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AJOY KUMAR MUKHERJEE
Debarati Banerjee – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
AJOY KUMAR MUKHERJEE, J.
1. This application under section 482 of the Code of Criminal Procedure 1973 (Cr.P.C.) has been preferred seeking quashing of the proceeding in respect of present petitioner being complaint case no. 632 of 2018, pending before learned Judicial Magistrate 3rd Court, Suri, Birbhum. Petitioner states that petitioner is the Manager of Human Resources department of IDBI Bank, Shakespheare Sarani Branch. Ms. A.Dutta, being a Grade-A employee in course of her employment was posted at the Suri Branch. Said Ms. Dutta made a complain against opposite party no. 2 herein and on receipt of such complain the Branch Head had forwarded the same to the Regional Head and thereafter Regional Head forwarded the same to the higher authority. Said complain was in the nature of sexual harassment at work place and an internal complaint committee in terms of law, started enquiry into the complain made by Ms. Dutta against opposite party No. 2 herein. Petitioner submits that he was neither a part of said internal complaint committee nor he was a decision-making authority in respect of findings of such committee. In the meantime said opposite party no. 2 was transferred from
The Court reiterated that the order of cognizance which forms the basis of initiation of proceedings cannot be made in a mechanical way but requires great exercise of judicial mind, and that the Magi....
The main legal point established is that a public servant discharging official duty is protected under Section 197 Cr.P.C., and the complaint stage inquiry is limited to prima facie satisfaction of s....
The mandatory provision of Section 202 of the Code of Criminal Procedure must be followed before issuing process against the accused residing outside the jurisdiction.
A Magistrate is required to conduct an inquiry under Section 202 of the Cr.P.C. before issuing process against an accused residing outside the jurisdiction of the Court to prevent the harassment of i....
The Magistrate's duty to conduct an inquiry under Section 202 CrPC before issuing process against an accused residing outside the court's jurisdiction is mandatory and not merely directory, and the M....
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