Interim Order 9

Order Details: COPY OF ORDER
Pdf Text: 36
Ct Cases 954/2021
DULARI @ KAJAL Vs. SUDHIR/0 (Sarojini Nagar)
15.04.2023
Present : Sh. Naveen Chechi, Ld. Counsel for complainant with
complainant.
Fresh V/K filed on behalf of complainant. Be taken on record.
By way of this order, the present application under 156(3) Cr.PC
shall be decided upon and disposed of.
As stated in the present application, the facts in brief are that the
complainant had worked as a sweeper at CGHS Bhawan, R.K. Puram, Sector-
13, New Delhi as a contractual employee and she started to face problem at
her workplace from the time when the contract was awarded to M/s Raj
Security and Facility Management Pvt. Ltd. The complainant started to
receive indecent calls from respondent Sudhir (House Keeping Care Taker)
and Kuldeep. On 21.05.2021, the respondent Sudhir talked with the
complainant indecently and at around 04:00 pm the same day, he called her to
the storeroom at pretext of giving cleaning material, and there he tried to
sexually exploit her. The complainant saved herself somehow and the
respondent Sudhir tendered and apology to her. Further, on an unknown date,
the respondent Joginder had touched the complainant, passed lewd comments
and threatened her that he would throw her out of the job. In order to gratify
their lust and indecent goal, the respondent no. 1, 2 and 3 posed respondent
no.4 Ms. Rekha Wamanrao as supervisor for harassing the complainant and to
make her surrender to the objects of the respondent no. 1, 2 and 3.
-- 1 of 3 --
On 04.06.2021, the respondent no. 4 Ms. Rekha Wamanrao, in
conspiracy with the rest of the respondents, picked up a quarrel with the
complainant and assaulted her with the help of respondent no. 5 Ram Avtar.
It has therefore, been prayed that an FIR be directed to be lodged
against the respondents for the aforestated allegations.
Reply to the present application has been filed on behalf of the
police station concerned wherein it has been stated that an enquiry was
conducted and it was found out that the complainant and respondent Rekha
used to work at CGHS dispensary and they both used to quarrel and level
allegations upon each other upon distribution of work. They both had
quarreled on 17.06.2021, regarding which a PCR call was made. Further, the
staff of the dispensary (of 59 employees) had filed complaint against the
complainant on 08.07.2021 regarding issue of distribution of work and threat
to implicate in false cases. It has further been stated that both the complainant
and respondent Rekha have filed complaints against each other and that they
both have been fired from the job by the concerned authority.
Arguments have been heard and the record has been perused.
In view of the facts and circumstances of the present case, this
court does not deem it feasible to exercise and invoke its discretionary power
to issue a direction for registration of FIR as the entire evidence against the
respondents is within possession of the complainant and an investigation by
the police authority is not required.
-- 2 of 3 --
Therefore, the present application stands dismissed and disposed
of. Put up for leading PSE on the complaint filed by the complainant under
section 200 Cr.PC on 01.08.2023.
(Tarunpreet Kaur)
MM-05/PHC/ND/
15.04.2023
-- 3 of 3 --