Reserved on 08.04.2022

Delivered on 12.07.2022

Court No. - 46

Case :- CRIMINAL MISC. WRIT PETITION No. - 2904 of

2022

Petitioner :- Vashudha Khanna

Respondent :- State Government Of U.P.

Counsel for Petitioner :- In Person

Hon'ble Anjani Kumar Mishra,J.

Hon'ble Deepak Verma,J.

This is an e-filed writ petition by the petitioner who has

appeared in person.

Heard Ms. Vashudha Khanna, petitioner in person and Sri

Manish Goyal, learned Additional Advocate General for the

State respondent.

The instant writ petition has been filed with following prayer:-

"In the view of above facts and circumstances, it is most respectfully

prayed that this Hon'ble Court issue writ of mandamus to respondent No.1

to launch FIR and investigate the matter."

Petitioner submitted that she had filed a compliant of mental

harassment, bullying and criminal intimidation on 29th

September, 2020 before Commissioner of Police, NOIDA. The

complaint was against her superiors at her work place. In

complaint, she raised allegations of being humiliated and of

being threatened by e-mail by accused. Petitioner submitted that

accused No.1, namely, Manuji Kinshuk works as AVP at

Barclays Global Service Centre, NOIDA and accused No.2,

namely, Manish Kapur works as Assistant Manager at Barclays

Global Service Centre, NOIDA and the petitioner/complainant

work with Barclays Global Service Centre, NOIDA as Process

Advisor and used to report to accused No.2 directly. Accused

No.2 reports to accused No.1. Petitioner further submits that she

made complaint on 29th September, 2020 before the Police

Commissioner, NOIDA. In its regard ACP, NOIDA informed

her that the allegations raised a dispute of civil nature and facts

alleged in the complaint are not punishable under the Indian

Penal Code. Petitioner informed the NOIDA Police regarding

CCTV camera from where they could collect the evidence

regarding intimidation by her superior officers but NOIDA

Police has not considered the grievance of the petitioner

regarding CCTV camera footage and discard it, relying only on

the statement of senior officer and dropped the investigation.

In para 12 of the petition it is averred that police never bothered

to launch FIR in the matter and rather ridiculed the

complainant. Her humiliation, harassment and intimidation was

serious leading to mental trauma, due to which she could not

report to work. She was emotionally traumatized and had to

take medicines and counselling sessions from psychologist to

come out of the depression.

Petitioner further referred to para 14 of the petition wherein it is

stated that she was threatened by accused No.2 at the behest of

accused No.1. She was able to work only ten days in the month

of January, 2020 due to her deteriorating health and illness. She

was harassed by accused Nos.1 and 2 and was placed on unpaid

medical bench for three months. Due to this distressing and

agonizing response, she approached the Global leadership and

on 07th May, 2020 an internal audit was conducted but

unfortunately this audit continued so long that she lost her

patience after a certain point as her emails received no response

she made the police complaint on 29th September, 2020. On

06th November, 2020 she received a response from the auditor

that audit is complete. However, by this time, the police

complaint was already lodged.

Learned AGA opposed the argument raised by the petitioner

and argued that on preliminary enquiry no offence regarding

criminality had been found against the respondent. Hence, no

criminal case had been registered. However, there is statutory

alternative remedy for lodging the FIR. Petitioner can avail the

remedy provided under the provisions of Sexual Harassment of

Women at Workplace (Prevention, Prohibition and Redressal)

Act, 2013.

Section 11 of Sexual Harassment of Women at Workplace

(Prevention, Prohibition and Redressal) Act, 2013 is quoted

hereinbelow:-

"11.