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“To, The Senior Superintendent of Police, Janpad – Gautambuddh Nagar (U.P.) Sir, The humble request is that Applicant Puja D/o Late A.K. Tankha is R/o H.N.2106 Tower Lotus bulword Sector 100 Noida P.S. 39, Gautambuddh Nagar and Applicant is working ass Director in I.D.S. Export Pvt. Ltd. House No.208, Sector 63, Noida Company and R.K. Aneja R/o 7 Hauz Khas New Delhi are working as Director in the aforesaid company and Applicant has been working in the aforesaid company from February 2018. R.K. Aneja has been harassing and troubling the Applicant since October November 2018 and from few months R.K. Aneja has been holding hands on small works and when the Applicant works on computer while sitting then he touches the Applicant which cannot be explained by Applicant. Applicant informed this to Naresh then he said that he will make R.K. Aneja understand. Holding the hand of Applicant and touching her body in above office by the R.K. Aneja has been seen by Chaman Lal S/o Kishan Lal R/o E-1813 G.N.22, Sangam Vihar, New Delhi and Savender Singh R/o I.P. Extension New Delhi. R.K. Aneja has tried to rape Applicant and upon screaming he threatened to kill her, then the Applicant pushed R.K. Aneja and escaped from there and left the company. Applicant went to police station and police officer did not lodge his complaint then the Applicant went and met Senior Superintendent of Police Gautambudh Nagar in Public Audience and gave her complaint on which no steps have been taken. Applicant is again giving this complaint to Senior Superintendent of Police.

Hence it is clear that there is dispute going on between applicant and Accused with regard to management and finances of “Laj IDS Exports Private Limited.

Applicant had made allegation in her complaint that Accused Director R.K. Aneja used to harass her and used to threat him to kill her. During the enquiry with Applicant it was informed that Accused R.K. Aneja used to touch her inappropriately and also used to stand behind with bad intention. Although these allegations were opposed by the Accused. It is stated that in other firms there are 1600 girls are working but no one has made allegation of harassment till date. During the investigation other worker of Laj IDS Exports Private Limited Smt. Babli W/o Shri Ashok Singh Kumar, Shri Chamanlal S/o Shri Kishan Lal …illegible Yadav S/o Shri Harishchandra Yadav, Avdhesh Kumar, Pawan Kumar, Sarwal Khan etc. were enquired and statement were taken who has stated in their statement that they had no information of such incident done with the Applicant by the R.K. Aneja. During the investigation Applicant has also not provided any evidence like CCTV footage etc. apart from her verbal statement from which the same can be clarified. From the complete information it is clear that there is a dispute between Applicant and Accused regarding management and finance of Laj IDS Exports Private Limited but the allegation of harassment and touching inappropriately by the Accused cannot be certainly stated.

directed registration of complaint and investigation thereof. On 4th September, 2019, First Information Report5 No. 1074 of 2019 came to be registered u/s 354 & 506 of IPC where under the present appellant is A-2.

Certain portions are extracted below: -

“…Copy complaint in Hindi in typed form before Hon’ble Chief Judicial Magistrate Sir, Gautambuddh Nagar, Complaint No. 457 of 2019 Pooja D/o Late A.K. Tankha, R/o H.N.2106 Tower Lotus Vulworld Sector 100 Noida P.S. 39, Gautambuddh Nagar… Applicant Versus 1. R.K. Aneja Director 2. Naresh Aneja Director presently working in Company and address Laj IDS Export Pvt. Ltd House No.208, Sector 63, Noida, District Gautambuddh Nagar,.. Respondent. Ps Phase 3, Complaint under Section 156(3) CrPC, sir the humble request is that Applicant Pooja D/o Late A.K. Tankha R/o H.N. 2016 Tower Lotus Sector 100, Noida PS 39 Gautambuddhnagar is working as Director in the company and R.K. Anuja and Naresh R/o 7 Hauz Khas New Delhi are also the director in the above company. Applicant has been working in the aforesaid company from February 2018. R.K. Aneja has been harassing the troubling the Applicant since October November 2018 and from few months R.K. Aneja has been holding hands on small works and when the Applicant works on computer while sitting then he touches the Applicant which cannot be explained by Applicant. Applicant informed this to Naresh then he said that he will make R.K. Aneja understand. Holding the hand of Applicant and touching her body in above office by the R.K. Aneja is seen by Chaman Lal S/o Kishan Lal R/o E- 1813 G.N. 22 Sangam Vihar, New Delhi and Savender Singh R/o I.P. Extension New Delhi. R.K. Aneja has tried has tried to rape Applicant and upon screaming he threatened to kill her, then the Applicant pushed R.K. Aneja and escaped from there and left the company. Applicant went to police station and police officer did not lodge his complaint then the Applicant went and met Senior Superintendent of Police Gautambudh Nagar in Public Audience and gave her complaint on which no steps have been taken. Applicant is again giving this complaint to Senior Superintendent of Police but till date no investigation has taken place. Constrained with the above the applicant is filing the present complaint here. Therefore, it is requested to you sir, that direction be given to the Station House Officer Phase-3 to lodge the first information report against the above persons and take legal actions. Date 14.08.20219 Applicant SD English…illegible” (emphasis supplied) For short ‘FIR’  3.5 It is also to be noted that, shortly after the present complainant filed her complaint, the appellant and his brother filed a complaint against the complainant alleging criminal breach of trust, cheating, and siphoning of funds of the partnership concern.

24. There can be no dispute with respect to the position that statements recorded under Section 161CrPC are inadmissible in evidence and its use is limited for the purposes as provided under Sections 145 and 157 of the Evidence Act, 1872. As a matter of fact, statement recorded under Section 164CrPC can also be used only for such purposes.”

15. Arguendo, accepting the submissions of the learned senior counsel appearing for the complainant, if examine the statements, both u/s 161 and 164 (the latter of which was handed to us in sealed cover) still, our conclusion that no prima facie offence is made out on the part of the appellant, does not change. For reference, the statement of the complainant u/s 161 is reproduced below: – “The statement under section 161of the Criminal Procedure Code (CrPC) was given by Pooja Tankha complainant on September 4, 2019. She stated that she held the position of Director in Laj IDS Export Company. My partners were R K Aneja and Naresh Aneja, whose office was located in Sector 63, Noida, at 208. Whenever I worked in the office, R K Aneja would come to my office and subject me to physical harassment, touching her from various places without her consent. He did not heed her refusal. I couldn’t explicitly state where all he touched me against my will. Concerned about this, when I opposed R K Aneja and went to the police Station to file a report. However, I was told that since I has only one son and lives alone I should consider my situation and that Naresh Aneja was mentally harassing me. Once, when I was working in that office, Chaman Lal and the pantry boy, Ashish alias Pawan saved from the indecent actions of R.K Aneja. This incident took place on September 4, 2019.