Maharashtra National




Reporter By Zafar Khan

Division bench comprising of Justice ZA Haq and Justice Amit Borkar have quashed and set aside Mohd Ilyas Mohd Shafi R/o Darwa, Yavatmal.


Mohd Ilyas Mohd Shafi is president of Millat Education Society which runs H.K.M.C. Urdu High School at Talegaon Deshmukh, Tah Darwa, Dist Yavatmal and complainant Kausar Jameel was working as assistant teacher in the said school.


Mohd Ilyas Mohd Shafi came to be arrayed as accused in Crime No. 645/18 registered with the PS Darwa under Section 354A, 354D of I.P.C on complaint by kausar Jameel.


Complainant had lodged report against Mohd Ilyas Mohd Shafi for the offence punishable under Section U/.S. 354A, 354D of I.P.C. before Darwa Police Station vide Report dated 22-10-18. Complainant in the First Information report alleged that, in the year 2012-2013, present Mohd ilyas was president of Millat Education Society and Complainant was working as a teacher in the school run by the society. On one Sunday, Mohd ilyas called Complainant to the office of society near Railway station, Darwa and asked her to sit on the chair. When, Complainant sat on the chair, Mohd ilyas was touching the legs of Complainant by his legs. It is further alleged that, Mohd ilyas asked Complainant to come with him to accompany him to outside place by telling her husband that she is going to the place of her friend and thereafter, Mohd ilyas came to her touched her and asked for sexual pleasures. That, when Complainant has refused to oblige, Mohd ilyashas threatened to terminate her.


It was submitted that complainant was working as teacher at H.K.M.C. Urdu High School at Talegaon Deshmukh, Tah Darwa, Dist Yavatmal which was run by Millat Education Society. That, as complainant was not willing to continue as teacher, she wished to take voluntary retirement and therefore her proposal was accepted by the society on 1-08-17 by way of resolution and she was communicated the decision of society by way of letter dated 2-08-17.


Thereafter, there was change in the attitude of complainant and she wanted to join the duties of teacher and in pursuance of the same, on 5-07-18, complainant lodged a false and fabricated complaint with the Education officer, Zilla Parishad, Yavatmal alleging that, Mohd Ilyas had taken her signature on blank papers by threatening her and used the same to draft her letter applying for voluntary retirement. That, the claim of complainant was ultimately rejected by Education Officer.


It was submitted that, the only motive of Respondent no. 2 in lodging the instant FIR is that, applicant should be pressurized to re appoint her to the post of teacher and that he should not be in a position to attend the proceedings before Education officer.


It was submitted that, perusal of FIR will reveal that, entire allegations have been made pertaining to year 2012 and 2013 and report has been lodged in the year 2018 and there is no explanation to huge delay in lodging the impugned FIR.


It was submitted that, as per sec 468 of CrPC, no cognizance of such allegations can be taken. It was submitted that, allegations in the FIR are vague and no date and time of alleged incidences has been spelt out by complainant.


Adv Mir Nagman Ali , Sachin Adyalkar, Sukhwinder Singh and Vishal Khandar appeared for applicant.

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