The petitioner is before this Court calling in question

proceedings

in

C.C.No.4015/2014

registered

for

offences

punishable under Section 354A(1)(v) and Section 509 of the IPC.

2.

Heard Sri. Pratheep C., learned counsel appearing for

the petitioner, Sri. Shankar H.S., learned HCGP appearing for

respondent. Learned counsel appearing for the complainant

though served, remains unrepresented.

3.

Brief facts leading to the filing of present petition, as

borne out from the pleadings, are as follows:

A complaint is registered by the brother of a lady, who

claims to have lost her mobile, which comes in possession of the

petitioner, after which, the petitioner is alleged to have called the

3

lady and spoken such words which would become punishable

under Section 509 of the IPC. A complaint is registered by the

brother of the lady, who had lost her phone and alleged such act

upon the petitioner. The FIR is registered in Crime No.25/2014

for offence punishable under Section 509 of the IPC. The police

after investigation, filed a charge sheet against the petitioner for

offence punishable under Section 509 of the IPC and including

offence punishable under Section 354A(1)(v) of the IPC. The

proceedings have gone on since the petitioner has now knocked

the doors of this Court calling in question the proceedings in

C.C.No.4015/2014.

4.

Learned counsel appearing for the petitioner submits

that the ingredients of Section 509 of the IPC cannot be even

laid against the petitioner, as the complaint itself does not

narrate the abuses that are said on the mobile phone to the

sister of the complainant. The charge sheet also does not narrate

any instance that would become offence punishable under

Section 509 of the IPC.

4

5.

The learned HCGP would submit that the charges

have been framed and the matter is set for trial, the petitioner

has knocked the doors of this Court belatedly and there are

offences that would become punishable under Section 509 of the

IPC and would submit that the petitioner has to come out clean

in the trial.

6.

I have given my anxious consideration to the

respective submissions made by the learned counsel and

perused the material on record.

7.

The afore-narrated facts are not in dispute. The

brother of the lady, who had lost her mobile phone registers a

complaint which reads as follows:

“F

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428 39£À £ÀA§gï ¤AzÀ PÀgÉ ªÀiÁr §ºÀ¼À PÉlÄÖ PÉlÖzÁV ¥ÀzÀUÀ¼À£ÀÄß

§¼À¸ÀÄvÁÛ ªÀiÁqÀ£Ár ªÀiÁ£À¹PÀªÁV QgÀÄPÀļÀ ¤ÃqÀÄwÛzÁÝ£É C®èzÉ

¥ÉÆõÀPÀgÁzÀ £ÁªÀÅ ¸ÀºÀ DvÀ£À ªÉƨÉʯïUÉ PÀgÉ ªÀiÁr FvÀ£À ªÀvÀð£É

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¸ÀºÀ PÉlÖ PÉlÖ ¥ÀzÀUÀ½AzÀ ¤A¢¹gÀÄvÀÛ£É, £À£Àß vÀAV UÁA¢ü£ÀUÀgÀzÀ°è

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vÀ¦à¸À®Ä ¥Áæyð¸ÀÄvÉÛãÉ.

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¨ÉÊ¢gÀÄvÀÛ£É.”

8.

The narration in the complaint is that the petitioner

has meeted out mental torture upon the complainant, as he

comes in possession of the phone of the sister of the

complainant and in the same breath submits that, number of

the petitioner was blocked immediately. The offences now set for

trial is ones punishable under Sections 409 and 354A(1)(iv) of

the IPC. The Code does not contain an offence which would

become punishable under Section 354A(i)(v) of the IPC. Section

354A of the IPC, reads as follows:

6

“354A. Sexual harassment and punishment

for sexual harassment:

(1) A man committing any of the following acts-

(i)

physical contact and advances involving

unwelcome and explicit