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Sanjeev Srivastava (Business Manager)     22 May 2014

False case of sexual harassment

Dear SIr/ Madam,

Due to personal rivalry, a female collegue has accused me of  s*xually harassing her. The police has initially registered a FIR under IPC 354A, 294, and 509. The complainant has already recorded the statement before a magistrate. In the departmental  inquiry the following facts were revealed.

1. She was not performing up to the expectation level of the management.

2. I honestly reported it to the management and probation period got extended due her non performance. She had a fight with me before the entire staff and threatened me of the  consequence.

When she came to know about the departmental inquiry, she got one more IPC 504 charged in FIR in addition to above.

The allegation of s*xual harassment is completely  false. After this I have stopped going to my office fearing arrest and humiliation. My friends had met the police investigating officer. According to him, prima facie this a false case. I have  a very clean image in professional world as well as in the society. Request you to advise us on this case so that I can come out of this mess as soon as possible and regain my honour again.


Thanking you in anticipation


Sanjiv



Learning

 13 Replies

Tanmoy Banerjee (Freelancer)     23 May 2014

Hey dude... You are lucky that u have not yet been arrested even after FIR.  My neighbour (63 yrs old guy)  has used her daughter (22 yrs) to file a false FIR with  IPC 354 A / B and 506 (ii) to force me to sell my flat at throwaway price. He is an Influential man having good links in the state administration. A joint operation was carried out by the local PS and Cyber PS (Kolkata)  my Mobile was also seized (it has no role to play in this case. The date of CS / report is over but no charge sheet has been issued to me. My seized articles are also not being returned inspite of myself furnishing the bond amount as directed by the Court.  I have not been able to find an advocate yet who has the guts to challenge police officers. All work with them... gets the accused bail after....   So Dude... u are lucky to be a free man till now...  get an anticipatory bail immediately.... u never know when the cops will come to ur home to get u.... this is how things work here in India.  Any advocate with guts in Kolkata listening ? plz reply here or Inbox me. Thanks

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     23 May 2014

To Tanmoy Banerjee

If I were in your place, I would have fought the case myself.  With all Acts and judgments available on the internet why do you need a lawyer?  You are lucky that no lawyer is willing to take up the job.  If a lawyer takes up your job he may fleece you and still fail you.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     23 May 2014

To Sanjeev Srivastava

You take anticipatory bail and start going to office. Also file IPC 499 / 500 against the lady.

Sudhir Kumar, Advocate (Advocate)     24 May 2014

If you feel a lawyer is needed then you must take one.

1 Like

Sanjeev Srivastava (Business Manager)     24 May 2014

Thanks everyone for empathizing and advising me. I have got the bail. I'll start going to office from monday. However I would still need your advice and support to fight the case. Please advise me on the case so that I come out clean. Thank you very much once again. Sanjiv

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     25 May 2014

Though you have been cleared in the Departmental inquiry, you have to be careful. Were the Supreme Court guidelines in the in Visaka case followed by the Departmental inquiry?

Sanjeev Srivastava (Business Manager)     27 May 2014

I had got the bail on the last friday 23th May, but police came to my house on sunday 25th May.- one day after the bail. My family and I were not there at that time. They climbed the boundary to enter the campus of my house. They punctured all four wheels of my car and broke flower pots and garden furniture. 

I am very scared of the behavior of the police.  After this incident I sent my bail papers to the police station through my friend. Nothing has happened after that.

Is this the way the police will deal with me and my family? I don't know what to do? Please help.

Sanjiv

Sanjeev Srivastava (Business Manager)     04 June 2014

Dear Experts, Some new developments have taken place during last few days. 1. The lady had complained to MAHILA AAYOG also. My HOD handed over me the copy of the complaint and asked me to submit my reply. There is a difference between the charges of FIR and the complain to MAHILA AAYOG. In the FIR, the lady had had said that I called her in my cabin and then tried to be physical with her in the cabin, but in the letter to MAHILA AAYOG she had written that I indicated her to come to my cabin, but she did not enter my cabin and left the office for the home as she was very upset. Please advise, can this difference be helpful in proving that the charges are false. 2. Some of my well wishers are suggesting to file a case of defamation immediately. Will it be helpful? 3. The police investigating officer told me that the lady wants to compromise and he had given me the phone number of the father of the lady. Should I talk to the father for compromise. Will it not prove me guilty? An early reply will be highly appreciated. Thanking you, With Regards, Sanjiv

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     04 June 2014

Certainly! the difference in versions will help you. You immediately file a case against her for defamation under IPC-499/500. IPC-500 prescribes imprisonment.

Do not meet the lady or her father. They may come to you. If they come ask them to come to magistrates' court when they get summons for appearing. Tell them that your response would depend on the reply they give before the magistrate.

Sanjeev Srivastava (Business Manager)     04 June 2014

Thank you very much for your prompt reply, Dr. Ramani Sir ! With best regards, Sanjiv

Sanjeev Srivastava (Business Manager)     11 June 2014

Dear Experts,

Some disheartening developments are taking place in the case. My wife had submitted an application to the Inspector General Police that the police is trying to harass me even after getting the bail from court. The Inspector General heard my wife sympathetically and forwarded the application to the In-charge of Investigation of my case. There, my wife was informed that the complainant lady has given an application that police personnel are favoring me. She is demanding for 376 also to be charged. Can she charge me for rape now? Her first complain to police was 2 months back. Her statement has also been recorded before the Magistrate. Based on that, I have already been charge-sheeted on 28th May. Police is saying that they are under tremendous pressure from the father of the lady, who is a very influential person in politics and bureaucracy. What should be my defense now?

Please reply.

Thanks & Regards,

Sanjiv

Sudhir Kumar, Advocate (Advocate)     12 June 2014

your adversary seems to be pressurising the police and believe in this act only.  She has not given any application for cancellation of bail without which she cannot harm you.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     14 June 2014

The lady has already made two complaints against you, the second one almost contradicting the first more serious one. Now if she has to make another allegation of rape, it would have to be after the second complaint. She may ask for cancellation of your bail. If you had no occasion to meet her since you can contest the allegation on that count. You consult your lawyer regarding how to prevent a second arrest.


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