Xyz vs State Of Gujarat on 28 July, 2023

[Cites 30, Cited by 0]

Gujarat High Court

Xyz vs State Of Gujarat on 28 July, 2023

Bench: Gita Gopi

                                                                            NEUTRAL CITATION




    R/CR.RA/664/2023                         ORDER DATED: 28/07/2023

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           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/CRIMINAL REVISION APPLICATION NO. 664 of 2023

================================================================
                              XYZ
                             Versus
                       STATE OF GUJARAT
================================================================
Appearance:
MR. JAY G THAKER(9944) for the Applicant(s) No. 1
MR RAJESHKUMAR S MISHRA(9946) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3,4,5
MR MITESH AMIN, Ld. PUBLIC PROSECUTOR with MS JIRGA JHAVERI,
ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s) No. 1
================================================================

 CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                         Date : 28/07/2023

                          ORAL ORDER

1. By way of this application, the main prayers are made to immediately file a First Information Report (FIR) against the following :-

(a) Kinjal Chaudhary under Sections 34, 120, 204, 354, 354A, 354B, 354C, 354D, 464 and 509 of the Indian Penal Code (IPC);

(b) Rajiv Indravadan Modi under Sections 34, 120B, 204, 107, 114, 117, 192, 195A, 228A, 354, 354A, 354B, 354C, 354D, 370, 370A, 375, 376C and 509 of the IPC and under the POSCO Act;

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NEUTRAL CITATION R/CR.RA/664/2023 ORDER DATED: 28/07/2023 undefined

(d) Viraf Fabibanda (Legal VP) and Others on appropriate Sections for falsifying proceedings of ICC, destroying evidences, conspiracy, collusion, making false document, bribing government officials etc.

2. Learned Advocate for the applicant Mr. Rajesh S. Mishra submitted that this Court should consider the decisions of the Hon'ble Apex Court in the cases of Lalita Kumari v. Government of Uttar Pradesh reported in (2008) 7 SCC 164 and XYZ vs. State of Madhya Pradesh reported in 2022 Live Law (SC) 676 while considering the directions passed by this Court in Special Criminal Application No.809 of 2016 and direct the Police Inspector, Aslali Police Station to register the FIR.

3. The applicant - XYZ with a prayer to conceal her identity has alleged of being a victim of sexual harassment and being a whistle blower of repeated Page 2 of 6 Downloaded on : Sat Sep 16 23:26:52 IST 2023 NEUTRAL CITATION R/CR.RA/664/2023 ORDER DATED: 28/07/2023 undefined rapes of multiple women at Charoti home and several other places by CMD of Cadila - Dr. Rajiv Indravadan Modi. It is submitted that the situation for girls (Indians and foreigners) is like captivity in ISIS or in case of Ram Rahim / Asha Ram at Charoti Home of Rajiv Modi - CMD of Cadila Pharmaceuticals Limited (CPL). The applicant states that she was sexually harassed at multiple instances and raped repeatedly by Global President HR - Kinjal Chaudhary. In the application, the applicant has stated about certain incidents alleging harassment as also names of other other women who are victims of rape and sexual harassment. The allegations levelled are of human trafficking and sexual slavery.

4. On behalf of the applicant, a prayer was made before the learned 3rd Additional Judicial Magistrate First Class, Mirzapur for registration of the FIR under Section 156(3) of Code of Criminal Procedure, 1973 (hereinafter referred to in short as 'Cr.P.C.') which came to be rejected on 26.05.2023.

5. On 14.06.2023, this Court on going through the pleadings in the application found various details of Page 3 of 6 Downloaded on : Sat Sep 16 23:26:52 IST 2023 NEUTRAL CITATION R/CR.RA/664/2023 ORDER DATED: 28/07/2023 undefined the crime of the alleged rape and repeated sexual assault, and as per the knowledge of the applicant there were three victims. This Court found that it was necessary that the statement of the victims be recorded. Thus, considering the safety of the victims, this Court had ordered recording of the statement of the victims by a Female Judicial Magistrate First Class of the learned Metropolitan Court, Ahmedabad. This Court received the Report of the learned Metropolitan Magistrate yesterday and the sealed cover was opened for consideration.

6. The statement of the present applicant was recorded by the learned Additional Chief Metropolitan Magistrate, Court No.22, Metropolitan Court, Ahmedabad on 23.06.2023 under Section 164 of the Cr.P.C. The statement deals with certain details. However, this Court does not find any case in the statement of the applicant as recorded by the learned Additional Metropolitan Magistrate to entertain the prayer made for registering the FIR.

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7. Further, the Report of the learned Magistrate with the Rojnama notes that the victim No.2 had withdrawn her name from the list after discussing with her family as she was asked not to enter into legal proceedings and therefore, the learned Magistrate states that the victim's statement could not be recorded.

8. With regard to victim No.3, when approached through Email, she asked for clarification as to why she was being contacted and was called for a video conferencing, and so to that, the Registrar, Chief Judicial Magistrate was asked to clarify the same. The Email of the victim No.3 was replied by the Registry to which, the victim No.3 stated that she was not aware of this case, she does not know the applicant and she sincerely apologized for wasting the time of the Court.

9. The statement which has been recorded of the applicant by the learned Metropolitan Magistrate does not reflect any case for registration of FIR. The applicant being an employee, can move the Internal Complaints Committee with regard to the allegations Page 5 of 6 Downloaded on : Sat Sep 16 23:26:52 IST 2023 NEUTRAL CITATION R/CR.RA/664/2023 ORDER DATED: 28/07/2023 undefined of sexual harassment at work place. This Court does not find any reason to entertain the present application and therefore, the same is rejected.

10. The statements recorded by the learned Additional Chief Metropolitan Court No.22, Ahmedabad with the Report be kept in a sealed Cover. The Registry is directed, that the said Cover should not be opened without the order of this Court.

Sd/-

(GITA GOPI, J) CAROLINE Page 6 of 6 Downloaded on : Sat Sep 16 23:26:52 IST 2023

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