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Judgment
SUDHANSHU DHULIA, J
In this case, the First Information Report was lodged by the complainant/respondent No. 3 â€" Monika Bum, who is the Deputy Education Officer in
Education Department, under Sections 354/504/506/509 of I.P.C., Police Station Kotdwara, District Pauri Garhwal. Apprehending his arrest, the
petitioner has approached this Court for relief.
The petitioner is working as Coordinator in-charge of Block Resource Centre, Block Duggada, Pauri Garhwal. From the perusal of the First
Information Report, it appears that there are allegations of using abusive language and of sexual harassment against the petitioner. There is a special
Act of sexual harassment known as “The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 for
determination of the same, when it is alleged a prior enquiry in the matter is necessary..
Considering the overall facts and circumstances of the case, a limited interference is being called for in the present matter.
It is hence provided that though the investigation may go on against the petitioner, but he shall not be arrested nor any coercive measures shall be
taken against him till the next date of listing or till the filing of the charge sheet whichever is earlier, in pursuance of the Case Crime No. 132 of 2016,
under Sections 354/504/506/509 of I.P.C. registered at Police Station Kotdwara, District Pauri Garhwal.
Issue notice to respondent No. 3. Steps to be taken within a week.
The respondents shall file counter affidavits within three weeks.
List this matter after four weeks in the daily cause list.
However, it is made clear that the above relief is subject to the cooperation of the petitioner in the investigation. In case, the petitioner does not
cooperate in the investigation, it will be the duty of the respondents to bring this fact to the notice of this Court so that appropriate orders be passed.
Stay Application No. 5810 of 2016 stands disposed accordingly.