Gauhati High Court - Kohima
Mr Reny Wilfred vs State Of Nagaland And 7 Ors on 12 December, 2025
Page No.# 1/20
GAHC020001962025 2025:GAU-NL:632
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
KOHIMA BENCH
Case No. : W.P.(Crl.)/10/2025
MR RENY WILFRED, IAS
JOINT SECRETARY, FINANCE DEPARTMENT, GOVT. OF NAGALAND,
NAGALAND KOHIMA
VERSUS
STATE OF NAGALAND AND 7 ORS
REPRESENTED BYTHE CHIEF SECRETARY, NAGALAND KOHIMA
2:THE COMMISSIONER AND SECRETARY
P AND AR DEPT. NAGALAND KOHIMA
3:THE HOME COMMISSIONER
GOVT. OF NAGALAND
NAGALAND KOHIMA
4:THE DIRECTOR GENERAL OF POLICE
NAGALAND KOHIMA
5:W. NGINYEIH KONYAK
CHAIRPERSON
GOVT. OF NAGALAND STATE COMMISSION FOR WOMEN (NSCW)
6:KEKHRIENUO MEYASE
MEMBER
GOVT. OF NAGALAND STATE COMMISSION FOR WOMEN (NSCW)
7:AKOKLA LONGCHAR
MEMBER
GOVT. OF NAGALAND STATE COMMISSION FOR WOMEN (NSCW)
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8:THE NAGALAND STATE COMMISSION FOR WOMEN
GOVVT. OF NAGALAND
KOHIM
Advocate for the Petitioner : A. ZHO, B. SOTO,V KOZA,C. LOSOU
Advocate for the Respondent : GOVT ADV NL,
BEFORE
HON'BLE MRS. JUSTICE MITALI THAKURIA
JUDGMENT
Date : 12-12-2025 Heard Mr. A. Zho, the learned counsel for the petitioner. Also heard Ms. S. Mere, the learned Senior Government Advocate, Nagaland appearing for the State respondent Nos. 1, 2, 3 & 4 and Ms. Vrinda Grover, the learned counsel for the respondent Nos. 5, 6, 7 & 8.
2. By filing this writ petition under Article 226 of the Constitution of India read with Section 528 of BNSS, 2023, the petitioner had assailed the complaint letter No. NSCW/SH/D/2025/121 dated 17.03.2025, written to the Director General of Police, PHQ, Nagaland, Kohima against the present petitioner by the Chairperson, Nagaland State Commission for Women (in short 'the NSCW'), whereby an allegation has been made that there was a sexual and mental harassment in workplace. Based on the written complaint, the State Crime Police Station registered as case being No. 01/2025, on 02.04.2025 against the present petitioner under Sections 74/75(2)/79 of BNS, 2023 for further investigation.
3. Initially, the writ petition was filed for quashing of the said complaint filed against the present petitioner, which was registered as stated above, but during the pendency of the petition, the case has been charge sheeted against him vide Charge Sheet No.6/2025, dated 30.06.2025. In view of filing of the charge sheet, a prayer has been Page No.# 3/20 made for amendment of the present petition with a further prayer for quashing the entire criminal proceeding along with the charge sheet. Accordingly, the amended petition has been filed and to that effect, the respondents have also filed their affidavit-in-opposition against the said amended writ petition.
4. The case of the petitioner is that an FIR has been set in motion on the basis of the written complaint filed by the Chairperson of the NSCW, allegedly in exercise of power under Section 5 & 6 of the Nagaland Women Commission Act, 2006 (here-in- after referred as 'the Act of 2006'). It is the case of the petitioner that the complaint dated 17.03.2025, filed by the NSCW, does not reveal any offence against the present petitioner and all the allegations brought against him are general and vague. It is also the case of the petitioner that the cognizance of the offence under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (in short 'the PoSH Act, 2013'), can be taken by the Magistrate only upon a complaint, written by the victim or any authorized person and therefore, the registration of the FIR by the police is without any authority or law.
5. It is submitted by Mr. A. Zho, the learned counsel that the present petitioner was working as the Joint Secretary in the Investment Development Authority of Nagaland (in short 'the IDAN') under the Planning Department, Government of Nagaland. It is alleged that on 25.02.2025, the NSCW had received information from a reliable source that there was sexual harassment in the office of the IDAN, Kohima. In this connection, the Chairperson of the NSCW had issued a notice on 04.03.2025, addressed to the Chairman, IDAN, directing the Chairman to furnish the name, designation and the contact number of all the women employees under the establishment of IDAN. Such notices were issued in exercise of power under Sections 5 & 6 of the Act of 2006. As per the notice, all the female employees of IDAN were directed to appear before the Chairperson of the NSCW on 17.03.2025 at 10:30 a.m. and after recording their statement, the Chairperson of the NSCW had submitted a written complaint against the present petitioner Reny Wilfred, the Joint Secretary of the IDAN, addressed to the Director General of Police, PHQ, Nagaland, Kohima to Page No.# 4/20 register a criminal case under the appropriate section of the Bharatiya Nyaya Sanhita (BNS), 2023. It is further submitted by Mr. Zho, the learned counsel for the petitioner through his oral as well as written argument that though the complaint made by the Chairperson of the NSCW had been registered by the Nagaland Police, but till date they could not produce any written complaint from any of the so called victims of this case. The written complaint was received by the office of the Director General of Police on 18.03.2025 and immediately on the basis of the said complaint, the case has been registered, though the case has been shown to be registered on 02.04.2025. It is stated that on 01.04.2025, the Enquiry Officer i.e. the Deputy Superintendent of Police has submitted the preliminary enquiry report with regard to the alleged sexual and mental harassment on the female employees at IDAN Office but the report indicates that the thorough investigation was recommended, as the testimonies provided by the victims clearly meets the criteria for sexual harassment, as defined under the PoSH Act, 2013. During the argument, the learned counsel for the petitioner, Mr. Zho raised the following issues:
(i) Is there any complaint lodged by any victim before the NSCW or any other authority concerned?
(ii) Whether the NSCW had exceeded its power and lodged the complaint before the Director General of Police, PHQ, Nagaland, Kohima, which is accordingly registered as a case against the present petitioner?
(iii) Whether the sou moto complaint lodged by the NSCW is in total violation of Sections 5 & 6 of the 2006 Act?
(iv) Whether the NSCW had exceeded its power by lodging a criminal complaint against the present petitioner?
6. By reading the powers of the NSCW under Section 5(1), 5(2) & 6 of the Act of 2006, the learned counsel for the petitioner had emphasized upon it and submitted that in the instant case, the NSCW had exceeded its power under Section 6 of the Act of 2006, in as much as no criminal power is vested with the Commission except the Page No.# 5/20 power of a Civil Court. The Chairperson of the NSCW, in its complaint letter dated 17.03.2025, addressed to the Director General of Police, PHQ, Nagaland categorically mentioned that in exercise of power under Section 5 & 6 of the Act of 2006, the Commission had recorded the statement of the victims and collected all the detail reports of the said offences, which is criminal in nature. The power given to the Commissioner under Section 6 of the said 2006 Act, are merely procedural powers for limited purpose of investigation and enquiry into the functions enumerated in the Act of 2006 and it does not authorize the Commission to adjudicate rights, enforce claims or act as a Court of complaint in a criminal proceeding.
7. To substantiate his plea, Mr. Zho, the learned counsel for the petitioner also relied on a decision of the Hon'ble High Court of Delhi in the case of U.S. Verma, Princial, D.P.S., Faridabad vs. National Commission for Women and others , reported in 2009 (163) DLT 557, wherein the Court had expressed the view that the Commission has no authority or power to decide as to whether the allegations were well founded or not and cannot go beyond its jurisdiction or power provided under Section 5 & 6 of the said Act. In the instant case, the Nagaland Women Commission Act, 2006, as referred above, lacks the statutory power to direct/file written complaint to the Police Station for registration of the FIR and thus, the NSCW had exceeded its power and lodged a criminal complaint before the Director General of Police, PHQ, Nagaland, directing to register a case against the present petitioner. The learned counsel for the petitioner has also relied on another decision of the Kerala High Court, in the case of Letha J. vs. State of Kerala, in Crl. M.C. No.4186/2014, wherein also it is held that the CWC has no power to register a case and without any such power, cannot register a case against any person by exceeding its power and authority.
8. Mr. Zho, the learned counsel for the petitioner further raised the issue that as per Section 4 of the PoSH Act, 2013, every employer of a workplace shall by an order in writing constitute a committee to be known as the Internal Complaints Committee (in short 'the ICC') with some members, as per the said Section and as per Section 9(1) of the said Act, any aggrieved woman may make, in writing, a complaint of sexual Page No.# 6/20 harassment at workplace to the said Internal Committee, if so constituted or the Local Committee, if it is not constituted within a period of three months from the date of said incident. He further submitted that as per Section 11 of the said Act, the Internal Complaints Committee can make an inquiry and if any prima facie case exists, forward the complaint to the police within a period of seven days for registering a case under the Indian Penal Code and the Internal Complaints Committee or the Local Committee has the same power as vested under the Code of Civil Procedure and accordingly, has the power to summoning for the attendance of any person, discovery of any document and also may make an inquiry, as provided under the Code of Civil Procedure. The learned counsel for the petitioner further submitted that as per the Notification No.AR- 3/GEN-28/98, dated 29.08.2022, the Government of Nagaland was pleased to constitute the Complaint Committee for the State Level Committee to redress the complaint relating to sexual harassment for women employees at workplace and accordingly the State Level Committee has already been constituted which is also annexed along with the writ petition as Annexure-F. But without following such procedure, the Chairperson of the NSCW had lodged the complaint on 17.03.2025, exceeding its power wherein there is no any written complaint from any of the victims made before the NSCW. He further submitted that in the instant case, there was no written complaint from the alleged victims filed neither before the ICC under the PoSH Act, 2013 nor before the NSCW on the date of filling the complaint on 17.03.2025. In absence of any such complaint from the victims, the Chairperson of the NSCW had lodged the complaint in violation of Section 11 & 12 of the PoSH Act, 2013.
9. Mr. Zho, the learned counsel for the petitioner also relied on a decision of the Kerala High Court, passed in Writ Appeal No.1622/2025, which was decided on 01.08.2025. He further submitted that it is a settled law that where there is any conflict of interest between the General Law and the Special Law, the Special Law will prevail. But in the present case also, the sexual harassment of women at workplace is covered by a Special Law i.e. the PoSH Act, 2013. But overriding the provisions of the said Act, the complaint has been lodged by the Chairperson of the NSCW. He further submitted that as per the PoSH Act, 2013, the State Women Commission can only Page No.# 7/20 lodge a complaint, on the written consent of the aggrieved woman. Accordingly, the learned counsel for the petitioner submitted that the Chairperson of the NSCW had exceeded its power provided under the PoSH Act, 2013 and lodged the written complaint on which the FIR has been registered, matter has been investigated and the charge sheet has been laid against the present petitioner and hence, it is a fit case for quashing the entire complaint along with the charge sheet, which has already been laid against the present petitioner.
10. Per contra, Ms. Vrinda Grover, the learned counsel for the respondent Nos. 5--8 has submitted that the present petition is mis-conceived, mala fide and wholly untenable in law as well as facts and a gross abuse of the process of law. She submitted that ten women victims made complaints before the Committee and all of them, at the relevant time were contractual employees under the accused person in the IDAN. The petitioner being an IAS Officer, at the time of commission of the offence, held the post of Joint Secretary at IDAN. He has been accused of pervasive, prolonged and systematic acts of sexual harassment and insulting/outraging the modesty of many young women employees of IDAN. The petitioner preyed on vulnerable subordinate women who are contractual employees at IDAN, knowing that they will be reluctant and afraid in reporting the sexual offences committed by the petitioner. The petitioner was also additionally given the charge of Joint Secretary, Finance Department vide No. PAR-4/6/2020/A, dated Kohima on 07.03.2023, which reveals from the charge sheet filed against the present petitioner.
11. Ms. Grover, the learned counsel for the respondent Nos. 5--8 further submitted that the NSCW on 27.02.2025, met the Chairman of IDAN, who informed the NSCW that on 24.02.2025, multiple women employees complained of repeated and serious instances of sexual harassment by the accused petitioner. On receipt of this verbal complained from the Chairman, IDAN, the Chairperson of the NSCW, in discharge of its statutory duty, exercised its power under Section 5 of the Nagaland Women Commission Act, 2006 and inquired into the condition and working environment of women employees at IDAN and Section 5 of the Nagaland Women Commission Act, Page No.# 8/20 2006 authorizes the Commission to make inquiry with regard to the status, conditions and affairs of women employees and to report the same accordingly before the State Government. After receiving the complaint from the Chairman of IDAN, the NSCW had summoned all the women employees of IDAN by exercising its power under Section 6 of the Act of 2006 and during the interaction with the women employees, it was informed by many women employees of multiple incidents of the accused making explicit demands for sexual favours, unwelcome and explicit sexual overtures from his women subordinates at IDAN, including asking for sex and massages. Some women stall also talked about the accused making sexually colored remarks about their undergarments. All the victim women had categorically stated before the Commission that they felt humiliated and unsafe due to behavior of the accused and that he made sexually coloured remarks and unwelcome advances. After considering such complaint made by the women employees of IDAN, the NSCW find it fit to file a complaint with the police, in furtherance of its statutory mandate to promote and safeguard the fundamental rights and freedom of women.
12. Ms. Grover, the learned counsel for the respondent Nos. 5--8 further submitted that Section 19(g) of the PoSH Act, 2013 also speaks about providing assistance to the woman if she so chooses to file a complaint in relation to the offence under the Indian Penal Code, 1860 and any other law for the time being in force. The learned counsel for the respondent Nos.5--8 emphasizing the power conferred under Section 5 & 6 of the Act of 2006, has submitted that there is no legal impediment in issuing the notice dated 04.03.2025 by the Chairman of the NSCW to the Chairman of IDAN. Under the said notice, it has also been informed that the Commission, from the reliable source on 25.02.2025, came to know that sexual harassment took place in the establishment of IDAN and accordingly, the NSCW took cognizance of the matter and also met the Chairman of IDAN on 27.02.2025, in the office of IDAN, who appraised the Commission about the sequence of meeting, wherein the victims had addressed their grievances in regard to sexual harassment in workplace by the alleged accused Mr. Reny Wilfred, the Joint Secretary, IDAN. She further submitted that Section 5 & 6 of the Act of 2006, make it clear that the Commission has the power to investigate, which Page No.# 9/20 includes power to summon and record the statement. She further submitted that the BNS, 2023 and the PoSH Act, 2013 provide separate legal pathways and legal remedies. The BNS, 2023 criminalises and penalizes the sexual offences, while the PoSH Act, 2013 provides for Civil remedy, for in house inquiry into sexual harassment and related misconduct. The scheme of law is that the women, victim of sexual harassment can choose to seek justice through the route of the BNS, 2023 and the PoSH Act, 2013 or either one of them. The two laws do not bar the operation of the other. Both the legal remedies, under the relevant Sections of the BNS, 2023 and the PoSH Act, 2013 can be invoked simultaneously and both proceedings are not exclusive. Thus the PoSH Act, 2013 does not prohibit the lodging of a criminal complaint for the offence of sexual harassment.
13. In that context, Ms. Grover, the learned counsel for the respondent Nos.5--8 also relied on a decision of the Delhi High Court in the case of Asif Hamid Khan vs. State through the Station House Officer and another , reported in 2025 SCC OnLine Del 7080, wherein the Delhi High Court had relied on a decision of the Hon'ble Apex Court, passed in the case of Stanzen Toyotetsu India (P) Ltd. v. Girish V., reported in (2014) 3 SCC 636, wherein it has been observed that there is no legal bar to the conduct of disciplinary proceeding and a criminal trial to proceed simultaneously. The criminal prosecution for an offence is launched for violation of the law as encapsulated in the Penal Code while departmental enquiry is aimed at maintaining discipline and efficiency in service. The standard of proof and the application of rules and evidence are and operate in different spheres with a different purpose to serve.
14. Ms. Grover, the learned counsel for the respondent Nos.5--8 also submitted that the police did not register the case only on the basis of the complaint lodged by the Chairperson, NSCW but after receiving the complaint, a preliminary inquiry was conducted and finding prima facie materials against the accused petitioner after recording the statement of Page No.# 10/20 10 numbers of victim women employees, the case has been registered and proceeded accordingly. At the time of argument, Ms. Grover, the learned counsel for the respondent Nos.5--8 also submitted the statement of the victim recorded under Section 180 of the BNSS, wherein the victims have explained as to how they were sexually harassed by the accused petitioner from the very first day of their interview/appointment. During her argument, it is also submitted by Ms. Grover, the learned counsel that no Internal Committee was constituted in the office of the IDAN, till 03.03.2025 and from the Annexure-G, as annexed along with the petition clearly reveals that the Internal Committee was constituted only on 03.03.2025. Apart from that the member of the Internal Committee were also working in favour of the present petitioner and one of the member, who is presently working as the Member Secretary of the said Department had also given the clean sheet to the present petitioner, which reveals from the Annexure- H-1, H-2, H-4 and H-5, the correspondence which were made by one of the member of the said Internal Committee, giving clean sheet to the accused petitioner and thus, all the victims who are the subordinate staff under the accused petitioner could not even approach any Internal Committee or State Level Committee to raise their grievances. She further submitted that the victims were facing sexual harassment since the year 2023 but during that relevant period of time, there was no Internal Committee constituted in the office of the IDAN and only coming to know about the complaints made by the victims, the Internal Committee was constituted on 03.03.2025. Thus the victims also could not raise their grievances to any Internal Committee at the relevant point of time. It is further submitted by Ms. Grover, the learned counsel Page No.# 11/20 that the NSCW has not exceeded it's power and authority and the statement of the victims were recorded and the summons were issued accordingly only as per the power conferred upon the NSCW under Section 5 & 6 of the Act of 2006. The learned counsel for the respondent Nos.5--8 also further submitted that the case has also been charge sheeted under Section 3(1)(w)(i)/ 3(1)(w)(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to as 'the SC/ST Act') along with Section 74/75(2)/79/238 of the BNS, 2023, wherein all the victims belong to Scheduled Tribe Community and for that reason also police after making an inquiry, the case is also charge sheeted under the said sections of law under the SC/ST Act. She further submitted that from the charge sheet, it clearly establishes that the petitioner exhibited a consistent pattern of predatory behavior including deliberate exploitation of vulnerability, systematic grooming, enforced isolation, repeated sexual misconduct and actions suggestive of quid quo arrangements. These findings collectively indicated calculated and continuing course of conduct designed to exploit and subjugate the victims, thereby substantiating the allegations made against the present petitioner.
15. During the course of argument, Ms. Grover, the learned counsel for the respondent Nos.5--8 also read the statement of some of the victims made under Section 180 of the BNS, 2023 before the Investigating Officer and also submits that on the basis of the preliminary inquiry, the charge sheet was filed against the preset petitioner. Accordingly, it is submitted by Ms. Grover, the learned counsel that there cannot be any reason for quashing of the criminal proceeding as well as the charge sheet filed Page No.# 12/20 against the present petitioner and the present petition is liable to be dismissed.
16. Ms. Grover, the learned counsel for the respondent Nos.5--8 further submitted that prima facie case is established on the face of the information/FIR and that apart from the charge sheet as well as from the investigation, it clearly reveals that there is a prima facie case to proceed against the accused petitioner and accordingly, the charge sheet is also filed against him. Ms. Grover, the learned counsel for the respondent Nos.5--8 basically emphasized on the judgment of the Hon'ble Apex Court in the case of State of Haryana and others vs. Bhajan Lal and others , reported in 1992 Supp (1) SCC 335, wherein in para 102 had discussed under which circumstances, the inherent power under Section 482 of the CrPC can be exercised. But here in the instant case, it clearly indicates that there is a prima facie strong materials against the petitioner to initiate a criminal proceeding. In that context, the learned counsel for the respondents also relied on some other decisions of the Hon'ble Apex Court as well as of our High Court, i.e. :
(1) Dineshbhai Chandubhai Patel vs. State of Gujarat reported in (2018) 3 SCC 104;
(2) CBI vs. Aryan Singh and others reported in (2023) 18 SCC 399; (3) Pradeep Kumar Kesaarwani vs. State of Uttar Pradesh and another, reported in 2025 SCC Online SC 1947;
(4) Somjeet Mallick vs. State of Jharkhand and others , reported in (2024) 10 SCC 527; and (5) Rounak Ali Hazarika vs. State of Assam and another , passed in Crl. Petition No.889/2023.
17. Ms. S. Mere, the learned Senior Government Advocate, Nagaland Page No.# 13/20 appearing for the respondent Nos.1--4 submitted that the complaint was received by the respondent No.3 on 17.03.2025 and thereafter, a preliminary inquiry was conducted and detail preliminary report was submitted to the Superintendent of Police (Crime), Nagaland at Kohima wherein every detail has been made as to how the present accused petitioner sexually exploited 10 numbers of victim, whose statement was recorded during the preliminary inquiry. After the preliminary inquiry only, the case has been registered against the present accused petitioner and the investigation was accordingly initiated and a Special Investigation Team (SIT) was formed to investigate the case. At the time of investigation, statement of all the victims were recorded under Section 180 of the BNS, 2023 and that apart, around 41 other witnesses were also examined by the Investigating Officer and finding strong prima facie case against the present accused petitioner, the charge sheet was accordingly filed against him.
18. Ms. Mere, the learned Senior Government Advocate, Nagaland further submitted that from the inquiry report itself, it is seen that the testimonies provided by the victims clearly made the criteria for sexual harassment, as defined under the PoSH Act, 2013 and in the same time the prima facie evidence also indicates the existence of cognizable offence of sexual harassment under Sections 75 and 79 of the BNS, 2023, warranting a more depth investigation in the matter. Thereafter, forming the SIT, the investigation was conducted and charge sheet was accordingly filed. Thus, it is not at all a fit case for quashing of the criminal proceeding against the present accused petitioner and the petition is liable to be dismissed. The learned Senior Government Page No.# 14/20 Advocate further submitted that if police receive any information disclosing commission of a cognizable offence, it is mandatory for the police for registering a case and can also conduct a preliminary verification or inquiry for limited purpose for ascertaining as to whether cognizable offence has been committed. There cannot be any other option for the police officer but to register a case, if prima facie there is a cognizable offence.
19. In that context, the learned Senior Government Advocate relied on the decision of the Hon'ble Apex Court in the case of Lalita Kumari vs. Govt. of U.P. and others, reported in AIR 2014 SC 187 and basically emphasized on para 110 of the said judgment, which reads as under:
"110. Therefore, in view of various counter claims regarding registration or non- registration, what is necessary is only that the information given to the police must disclose the commission of a cognizable offence. In such a situation, registration of an FIR is mandatory. However, if no cognizable offence is made out in the information given, then the FIR need not be registered immediately and perhaps the police can C conduct a sort of preliminary verification or inquiry for the limited purpose of ascertaining as to whether a cognizable offence has been committed. But, if the information given clearly mentions the commission of a cognizable offence, there is no other option but to register an FIR forthwith. Other D considerations are not relevant at the stage of registration of FIR, such as, whether the information is falsely given, whether the information is genuine, whether the information is credible etc. These are the issues that have to be verified during the investigation of the FIR. At the stage of registration of FIR, what E is to be seen is merely whether the information given ex facie discloses the commission of a cognizable offence. If, after investigation, the information given is found to be false, there is always an option to prosecute the complainant for filing a false FIR."
20. After hearing the submissions made by learned counsel for the respective parties, I have also perused the case record, annexure filed along with petition as well as the judgments relied by the parties.
21. It is an admitted position that there was a complaint against the Page No.# 15/20 present accused petitioner while he was discharging his duty as the Joint Secretary, IDAN, by some of the contractual women employees for sexual harassment in workplace. But the issue raised by the learned counsel for the accused petitioner is that whether the NSCW has the power and authority to file a complaint before the Director General of Police under Section 5 & 6 of the Act of 2006. In the same time, whether there can be any criminal complaint against the accused petitioner, when there is a provision under the PoSH Act, 2103 for proper redressal of sexual harassment of women employees in the workplace.
22. From the submissions made by the learned counsel for the parties, it is seen that initially all the victim women employees of IDAN made complain before the Chairman, IDAN, who accordingly informed the matter to the Chairperson, NSCW regarding sexual harassment of 10 numbers of victim women employees in the workplace. However, it is a fact that the prosecution could not produce any written complaint from none of the victims filed before the Internal Committee or before the Chairman, IDAN. But it is seen that on receiving the verbal complaint from 10 numbers of victim women employees, the NSCW made an inquiry and recorded the statement of the victims and also issued summons for attending the other witnesses in the office of the IDAN.
23. Section 5 & 6 of the Act of 2006 provides the functions of the Commission which also provides the authority to the Commission to study, research and report on the conditions of women in private and public work place and also for study and report on the conditions of women in Jail, remand homes, etc. and on the basis of any such complaint, the Page No.# 16/20 Commission has the power to investigate the matter and report to the Government. As per Section 6 of the Act of 2006, the Commission has the power of a Civil Court, which provides as follows:
"6.(1) While performing functions under section 5 of this Act, involving investigation and inquiry, the Commission shall have the power of a Civil Court trying a suit and, in particular, in respect of the following matters:
(a) Summoning and enforcing the attendance of any person from any part of India examining him on oath:
(b) Requiring the discovery and production of any document;
(c) Receiving evidence on affidavits;
(d) Requisitioning any public record or copy thereof from any court or office;
(e) Issuing commissions for the examination of witnesses and documents: and
(f) Any other matter which may be prescribed."
24. Thus it is seen that the Commission can even summons for attendance of any person, witnesses or victim, for recording their statement and also can make an inquiry as a Civil Court. But here in the instant case, it is seen that after making an inquiry and recording statement of the victims, it was fond that there was sexual harassment of 10 numbers of women employees in their workplace, for which a written complaint was filed by the Chairperson, NSCW before the Director General of Police. It is also seen that the Commission is not acting like a Criminal Court and there was no investigation made by the NSCW and the inquiry or the recording of statement was made only under the power and authority given to the Commission under Section 5 & 6 of the Act of 2006. It is also seen from the record and also from the charge sheet vis-à-vis from the preliminary inquiry report that after receiving the written complaint from the Chairperson, NSCW, the case was not registered against the present accused petitioner nor there was any initiation of Page No.# 17/20 criminal proceeding against him. The case was registered only after the preliminary inquiry report, submitted before the Superintendent of Police (Crime), Nagaland at Kohima, where the detail inquiry report was made alleging sexual harassment on 10 numbers of women employees who were working in the office of the IDAN, against the present accused petitioner, on the basis of which only, the case was registered against him and investigation was started, forming an SIT.
25. Thus it cannot be held that the NSCW had exceeded their power or acted as a Criminal Court. When it was found that the victim women could not even approach the Internal Committee as it was not constituted prior to lodging of the complaint by them before the Chairman, IDAN on 27.02.2025. The learned counsel for the accused petitioner also stressed on the point that as per the preliminary inquiry report, the case under the PoSH Act, 2013 is prima facie established against the accused petitioner. But from the inquiry report, it is very much evident that at the time of inquiry, it was found that the accused petitioner had made sexual advances and requested for sexual favours, sexually coloured remarks and unwelcome physical, verbal and non-verbal conduct of sexual nature and accordingly it is held in the inquiry report that prima facie evidence indicates the existence of a cognizable offence of sexual harassment under Section 75 and 79 of the BNS, 2023, warranting a more and depth investigation into the matter.
26. A case may be established against the accused petitioner under the PoSH Act, 2013, but it cannot bar a criminal proceeding against him wherein such nasty allegations of sexual harassment are brought by 10 Page No.# 18/20 numbers of women employees who were working in the office of the IDAN as well as before the Chairperson, NSCW. More so, from the statements made by the victims under Section 180 of the BNS, 2023, which were produced before this Court, reveals a strong prima facie case against the present accused petitioner and that apart, it is seen that the case is also charge sheeted under various sections of the SC/ST Act, as all the victim women belong to the Scheduled Tribe community.
27. In view of this, it is held that there is no procedural irregularity or illegality committed by the Commission and at the same time, it is also seen that only finding a prima facie case after the preliminary inquiry, the case was registered against the accused petitioner and it is not a case that only on the basis of the written complaint from the Chairperson, NSCW, the case was registered and the investigation was initiated.
28. In the case of Bhajan Lal (supra), the Hon'ble Supreme Court, in para 102 gave guidelines where the power under Section 482 of the CrPC can be invoked for quashing any criminal proceeding. Para 102 of the said judgment reads as under:
"102. In the backdrop of the interpretation of the various relevant provisions of the Code under Chapter XIV and of the principles of law enunciated by this Court in a series of decisions relating to the exercise of the extraordinary power under Article 226 or the inherent powers under Section 482 of the Code which we have extracted and reproduced above, we give the following categories of cases by way of illustration wherein such power could be exercised either to prevent abuse of the process of any court or otherwise to secure the ends of justice, though it may not be possible to lay down any precise, clearly defined and sufficiently channelised and inflexible guidelines or rigid formulae and to give an exhaustive list of myriad kinds of cases wherein such power should be exercised.
(1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.
Page No.# 19/20 (2) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code. (3) Where the uncontroverted allegations made in the FIR or com-plaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused.
(4) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code.
(5) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused. (6) Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party.
(7) Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge".
29. But here in the instant case, it is seen that there is a strong prima facie case reveals from the complaint made before the Director General of Police as well as from the preliminary inquiry report to initiate a criminal proceeding against the accused petitioner. More so, on the basis of the investigation, the case has already been charge sheeted finding sufficient prima facie materials against the present accused petitioner.
30. Considering the entire facts and circumstances of this case, it is seen that it is not at all a fit case for quashing the entire criminal proceeding as well as the charge sheet filed against the present accused petitioner, invoking power under Section 528 of the BNSS, 2023 and accordingly, the present Writ Petition (Criminal) stands dismissed.
Page No.# 20/20 JUDGE Comparing Assistant