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Judgment
Rajasekhar Mantha, J
The State has not been able to produce the case diary in connection with this matter, which is at Bhawanipore Police Station.
In those circumstances, the Investigating Officer, Bhawanipore Police Station shall personally be present at 1 'o' clock today with the case diary.
Later :
The revisionist is a medical doctor against whom a complaint has been filed by a trainee doctor alleging that the revisionist has made derogatory and disparaging remarks in the nature that she is garbage and did not deserve to be a medical practitioner. There are other statements of similar nature that the complainant claims to have been attributed by the revisionist to her.
The complainant/opposite party no. 2 initially filed a complaint with the Vice Chancellor that was referred to the Internal Grievance Committee of the University. The Internal Grievance Committee examined as many as eight witnesses, one of whom is Dr. Rahul Goel. The Grievance Committee found that the allegations were completely baseless and exonerated the Revisionist.
It was recorded in the order of the Grievance Committee that one Dr. Rahul Goel, who deposed as witness could not have any personal knowledge about the alleged disparaging remarks made to the complainant/opposite party no. 2. The same is evident from the proceedings before the Internal Grievance Committee, particularly at page 66 of the revisional application.
The Investigating Officer, Bhavanipur Police Station has produced the case diary. It appears that apart from the statement of the opposite party no. 2/complainant under Section 164 of the Cr. P. C., there are only two statements under Section 161 of the Cr. P. C. recorded. One is of Evelyn Lin, a nurse and the other is Dr. Rahul Goel. Even in the statement under Section 161 of the Cr. P. C., Dr. Rahul Goel has stated that most of the incidents are not to his personal knowledge. He has, however, given one statement to the effect that the revisionist had rebuked the complainant O.P. No. 2 for her personal attire. The same is contradicted in the deposition of the said Dr. Rahul Goel before the Internal Grievance Committee of the University. Insofar as the other statement under Section 161 of the Cr. P. C. of Evelyn Lin, a Group II staff nurse, she has denied any knowledge of the incident.
This Court is of the prima facie view that the proceedings if taken to trial, may not lead to conviction.
For the reasons stated herein above, the proceedings in C. G. R. Case No. 4095 of 2017 arising out of Bhowanipore Police Station Case No. 440 of 2017 and particularly Charge Sheet No. 205 of 2019 dated 30th October, 2019 shall remain stayed for a period of five weeks from date.
Let this matter stand adjourned and be listed in the same position on 25th November, 2019.
The case diary produced by the I. O. is returned back, on an undertaking that the same shall be produced on the next date.
The personal presence of the I. O. in this proceeding is dispensed with.