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Facts of the Case
In this case from Gandhinagar, the applicant was booked under Section 354A of the Indian Penal Code (IPC) for allegedly asking an unknown woman her name, address, and mobile number. The FIR against the applicant was lodged by the woman on April 26, 2024. He contends that this FIR is a retaliatory action against his complaint dated April 25, 2024, on the PMO portal, where he had alleged police atrocities. He further discovered on May 9, 2024, that the Superintendent of Police refused to entertain his complaint, citing the pendency of the April 26th FIR.
Contention of the Applicant
The applicant argued that while asking for personal details might be inappropriate, it does not amount to sexual harassment under Section 354A of the IPC. He claimed that the FIR was filed in retaliation to his earlier complaint against the police.
Court’s Observations
Justice Nirzar Desai of the Gujarat High Court observed that the act of asking for personal details might be inappropriate but does not prima facie constitute sexual harassment under Section 354A. The court noted that Section 354A deals with sexual harassment and the punishment for the same. It was remarked that asking an unknown woman her name, address, and mobile number, even if believed to be true as per the FIR, does not amount to sexual harassment based on the court’s initial observations. The court questioned the appropriateness of the police’s action in registering an FIR under Section 354A for such an act, stating that while the question might be offending, it does not necessarily show ill intention warranting an FIR.
Current Status
The Gujarat High Court has issued a notice to the respondents, returnable on September 9, 2024. The learned Additional Public Prosecutor waived the service of notice on behalf of respondent No.1 – State, and direct service to respondent No.2 through the concerned police station was permitted. The court also granted ad-interim relief to the applicant.
Note: This case is ongoing, with the next hearing scheduled for September 9, 2024.
