Allegations must satisfy statutory criteria to constitute an offence under IPC Section 354A, or criminal proceedings may be quashed.

ORDER

Since the issues involved in these petitions are similar and accused is same, they are taken up together and disposed of by common order.

2. Respondent No.2-informanants in all these petitions lodged the F.I.Rs. before the jurisdictional Police, alleging that, they were admitted to Ph.D. course on 06.01.2014 with AcSIR, and the accused was their coordinator. It was further alleged that, whenever complainants entered the cabin of the accused, the accused would be sitting in very awkward and objectionable posture and would stare at them. It was further alleged that the complainants whenever expressed their disinterest towards such behavior, accused would try to be overly affectionate with sexual inclination, which was CRL.P No. 4754 of 2019 intolerable for the complainants. It was further alleged that, since they did not succumb to the vicious and perverted behavior of the accused, the accused tried to put several hurdles in their academic career, to which complainants have strongly objected.

3. The Police registered the F.I.R. for the offence under Section 354A of IPC . The Police after investigation submitted 'B' report to the learned Magistrate stating that there is no material to implicate the petitioner for the aforesaid offences, and the F.I.Rs. registered were misconceived. The complainants filed protest petition in the form of complaint to reject the 'B' report.

4. Learned Magistrate after rejecting the 'B' report, recorded the sworn statements of the complainants, and after perusal of the complaint and the sworn statements took cognizance of the offence under CRL.P No. 4754 of 2019 Section 354A of IPC and issued summons. Taking exception to the same these petitions are filed.

5. Learned counsel for petitioner submits that allegations made against the petitioner even accepting on the face of it does not constitute an offence under Section 354A of IPC . He further submits that except the allegation made by the complainants, there is no material placed before learned Magistrate to take cognizance for the aforesaid offence, and in the absence of corroborative material, except the allegation made by the complainants, the cognizance taken by the learned Magistrate is impermissible.

6. Learned counsel for respondent No.2- complainants submits that the allegation of sexual harassment by the accused, who is coordinator of the complainants who are pursuing Ph.D course and the allegations clearly constitute the commission of offence CRL.P No. 4754 of 2019 under Section 354A of IPC . Whether the allegations constitute the commission of the aforesaid offence is a matter which requires to be considered after full fledged trial, and at this stage cognizance taken by the learned Magistrate does not warrant any interference, and sought for dismissal of the petitions.

7. I have examined the submission made by the learned counsel for the parties.

8. Against the very same allegations, enquiry was initiated against the accused as specified under Section 11 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition And Redressal) Act, 2013. The department after conducting the enquiry submitted report, stating that allegations made against the accused are not proved, and in turn recommended to take action against the complainants. The complainants filed an appeal against the report submitted by the department under CRL.P No. 4754 of 2019 Section 18 of the Act before the Appellate Authority. The said appeals were also rejected, against which the complainants have preferred writ petition before this Court, and the same is pending consideration.

9. To constitute the co