Skip to main content

Best Criminal case & Divorce case lawyer in Karkardooma Court East Delhi

X v. State of West Bengal, CRR 2610 of 2019, decided on 28-07-2025.

Calcutta High Court: The petitioner approached the Court seeking quashing of criminal proceedings arising from an FIR lodged over alleged workplace harassment, which had resulted in a chargesheet under Section 509 of the Penal Code, 1860 (‘IPC’). The allegations pertained to incidents between 2016-2017, reported over a year after the complainant’s resignation. A Single Judge Bench of Ajoy Kumar Mukherjee, J., while allowing the petition, held that only using the words “harassed” or “abused”, did not demonstrate the requisite intention or knowledge which could lead to the conclusion that any alleged act of the petitioner constituted an insult to the complainant’s modesty. The Court emphasised that mere harassment at workplace or abusing her at workplace might not constitute an offence under Section 509 IPC, unless essential ingredients were fulfilled. 
Decision: The Court examined the ingredients to constitute an offence under Section 509 IPC and observed that to constitute such an offence, there must be an allegation that the action complained of had insulted the modesty of some particular woman or women and not merely of any class or order or section of women, however small. The Court noted that the FIR, the charge sheet and materials collected during investigation did not suggest any specific details of the words, sounds or gesture by which the petitioner allegedly insulated her modesty, nor it suggested how and when he intruded upon the complainant’s modesty. The Court observed that the complainant gave no probable explanation for the one-year delay in lodging the FIR. Moreover, the police could not seize documents or collect cogent evidence to support essential ingredients. Also, the FIR and investigation materials, including the statements recorded under Section 161 of the Criminal Procedure Code, 1973 lacked any allegation of sound, gesture, or object exhibition. The Court further noted that the complainant only stated that the petitioner abused her during 2016—2017 but did not specify the nature of harassment or abuse, even before the Magistrate, to determine if a prima facie offence under Section 509 IPC was made out. The Court emphasised that unless there had been reference to specific words used, contextual details or any gesture, it was hardly possible to demonstrate that the petitioner had criminal intent to insult the modesty and/or to establish any case against the petitioner. The Court highlighted that mere using the words “harassed” or “abused”, did not demonstrate the requisite intention or knowledge which could lead to the conclusion that any alleged act of the petitioner constituted an insult to the complainant’s modesty. The Court relied on Radheshyam Kejriwal v. State of West Bengal, (2011) 3 SCC 581, wherein it was held that in case of exoneration (adjudication proceeding/departmental proceeding) on merits where allegation was found to be not sustainable and person held innocent, criminal prosecution on the same set of fact and circumstances could not be allowed to continue underlying principle being the higher standard of proof in criminal cases. The Court further emphasised that since it was not disputed that the allegations in both proceedings were identical and the petitioner was exonerated on merit, continuing the trial would be an abuse of the process of the court. The Court, while quashing the pending criminal proceeding allowed the petition, holding that to establish mens rea something better than vague statement was to be produced before the Court.

Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi
+91 85957 22509


Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi
+91 85957 22509

Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi
+91 85957 22509


Best Divorce lawyer

Best divorce lawyer in karkardooma Court

Best divorce lawyer in East delhi

Best divorce case lawyer in karkardooma Court

Best divorce lawyer in Delhi

Best divorce case lawyer in Delhi

Best divorce lawyer in new delhi

Best divorce lawyer in Tis Hazari Court central Delhi

Best divorce lawyer in saket Court South Delhi

Best divorce lawyer in dwarka Court delhi


Best divorce lawyer in rohini Court

Best divorce lawyer in North Delhi

Mutual consent divorce lawyer

Best mutual divorce lawyer

Maintenance case lawyer

Domestic violence case lawyer

Contested divorce case lawyer in karkardooma Court Delhi

Adultery divorce case lawyer in Delhi India

Contested divorce case lawyer

Best criminal case lawyer in Delhi

Best lawyer for Bail

Transfer petition case lawyer
Labels:

Comments

Post a Comment

Popular posts from this blog

When is an Offence Murder Or attempt to Murder in Delayed Death

Supreme Court Clarifies Murder vs. Attempt to Murder in Delayed Death: Key Takeaways from Maniklal Sahu vs. State of Chhattisgarh Criminal Appeal No. 5578 of 2024, Judgment Dated September 12, 2025 In a landmark judgment, the Supreme Court has clarified the distinction between murder under Section 302 and attempt to murder under Section 307 of the Indian Penal Code (IPC) , specifically in cases where the death occurs long after the original assault due to medical complications like septicemia. The ruling came from the recent Maniklal Sahu v. State of Chhattisgarh case , which sheds new light on how courts should treat delayed deaths caused by the injuries inflicted in an assault. Key Facts: The case involved the conviction of Maniklal Sahu and three co-accused for the murder of Rekhchand Verma. Rekhchand was assaulted by the accused on February 22, 2022, and suffered severe injuries. He survived for about nine months but eventually died on November 8, 2022, due to septicemia and pneum...
Post a Comment
Read more

Legal Expert for Divorce, Maintenance, and Domestic Violence Cases in Delhi Courts

Legal Expert for Divorce, Maintenance, and Domestic Violence Cases in Delhi Courts Are you facing domestic abuse or navigating a complex matrimonial dispute ? Do you need a professional advocate to handle maintenance cases, alimony , interim maintenance , or custody issues? If so, you need the expertise of an experienced family law attorney who can provide strong representation in family courts across Delhi . Advocate Devashish Maharishi is one of the leading divorce and family law lawyers practicing in Delhi, with a focus on cases related to: Divorce (Mutual and Contested) Domestic Violence Protection Maintenance, Alimony, and Interim Maintenance Child Custody and Custody Disputes Transfer Petitions & NRI Divorce Cases With years of experience in handling matrimonial disputes, Advocate Devashish Maharishi offers legal assistance in various courts in Delhi, including: Karkardooma Court Saket Court Patiala House Court Tis Hazari Court Rohini Court Dwarka Court Whether you'r...
Post a Comment
Read more

Best Divorce & Criminal Lawyer in Delhi

📌 Supreme Court Reiterates: Hostile Testimony Cannot Be Rejected Entirely | Best Divorce & Criminal Lawyer in Delhi The Supreme Court, in DADU @ Ankush & Anr. vs. State of Madhya Pradesh , has reaffirmed that the testimony of a hostile witness cannot be rejected completely . Courts must evaluate the consistent portions of evidence that support either the prosecution or the defence. This ruling highlights how crucial expert cross-examination, evidence assessment, and courtroom strategy are in criminal trials. If you are facing criminal charges, false allegations, domestic violence cases, divorce proceedings, or family disputes , having the best criminal lawyer in Delhi  or an experienced divorce lawyer in Delhi is vital for protecting your rights. ⚖️ Why Choose Us? We provide professional, strategic, and result-oriented legal representation in: ✔️ Criminal Defence Cases ✔️ Divorce & Matrimonial Cases ✔️ Domestic Violence (DV) Matters ✔️ Child Custody & M...
Post a Comment
Read more