Document Fragment View

Matching Fragments

This Writ Petition is filed by the petitioner party-in- person under article 226 and 227 of Constitution of India read with 482 of Cr.P.C for quashing the FIR in Crime No.104/2021 registered by the Vijayanagar Police Station, Bengaluru for the offences punishable under Sections 354D, 504 and 506 of IPC.

2. Heard the arguments of petitioner/party-in- person and counsel for respondent No.2 and learned HCGP for respondent No.1/State.

3. The case of the prosecution is that the respondent No.2 filed first information statement before the police alleging that the respondent No.2 said to be practicing advocate in Bengaluru and guest teacher faculty in Bangalore Law College at Bengaluru. The petitioner said to be student in the said law college, studied in final year during the year 2019-20 and he used to contact the respondent No.2/complainant asking some doubt. Thereafter, he continuously was approaching her and later he used to chat with her though Watsapp and later she is said to have blocked his mobile number and he tried to contact respondent No.2/teacher through her sister, asking about the blocking of his number. Subsequently, the petitioner said to have proposed respondent No.2 to marry her and she has refused. Inspite of the refusal, again the petitioner continuously was chasing her and pressurizing her to love him. The same was brought to the notice of the principal of the college and the management, they also advised the petitioner not to disturb her. Thereafter, once again the petitioner said to have approached the sister of the complainant in January 2021 and tried to talk with respondent No.2/complainant. A complaint was also lodged against him at Navanagar police, Hubballi. Thereafter, again the accused was sending his proposal and sending SMS and Whatsapp messages to her. Therefore, the respondent gave complaint to the Vijayanagara Police Station on 11.4.2021 and they registered non cognizable offence and NCR was registered. Thereafter on 12.4.2021 the de-facto complainant approached the cyber crime police and filed another complaint by improving the version from the first complaint by giving date as 18.7.2022 by mentioning fresh cause of action. Thereafter on 14.4.2021 once again the respondent No.2 filed complaint at Vijayanagara Police Station and lodged the complaint against the accused and police registered FIR for the above said offences which is under challenge.

4. The petitioner though party-in-person but presently he is practicing as advocate in Courts. He has contended that the petitioner has filed complaint against respondent No.2 for withholding his certificates on 10.4.2021. Therefore, she has filed a complaint against him in Vijayanagar Police Station on 11.4.2021 a NCR was registered No.105/2021 by following the procedure under Section 155 (1) of Cr.P.C and the police have not registered any case which was not challenged by respondent no.2 but she has filed another complaint before the Cyber crime police on 12.4.2021 and they also not registered any case. Even otherwise she has stated the offence against the petitioner only punishable under section 506 of IPC, but later on 14.3.2021 she has filed the 3rd complaint by improving her version by adding section 354D of IPC and the police registered case against him. Therefore, there are multiple complaint filed by respondent No.2 and therefore 2nd and 3rd complaints are not maintainable in view of the judgment of the Hon'ble Supreme Court in various cases.

354D. Stalking.--
(1) Any man who--
(i) follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or
(ii) monitors the use by a woman of the internet, email or any other form of electronic communication, commits the offence of stalking:
Provided that such conduct shall not amount to stalking if the man who pursued it proves that--