The Lucknow bench of Allahabad High Court comprising of Justice A R Masoodi and Justice Rajeev Singh delivered an order yesterday stating that the Police is restrained from arresting the government counsel, Shailendra Singh Chauhan, who is being accused of sexual harassment by a young lawyer from Delhi. The woman had logded an FIR in the Gomti Nagar area against Additional Chief Standing Counsel, Shailendra Singh Chauhan. In the FIR, the young lawyer stated that she was sexually harassed by the accused in his chamber.
The FIR was filed in the police station under Section 328(Causing hurt by means of poison, etc., with the intention of committing an offence), Section 354A(Sexual Harassment) and Section 376 (Rape) of Indian Penal Code. After the filling of an FIR, the accused moved to the Lucknow bench of High Court in order to get relief from the court or get the FIR quashed.
The bench refused to dismiss the proceedings against the accused, instantly but it granted interim relief to the petitioner from getting arrested for the time being. Moreover, the Court directed the accused to not indulge him into any activity which may create a sense of fear or cause intimidation in the mind of the young lawyer. The accused is bound by the court’s order to not to cause any trouble to the other party or to her property.
During the proceeding of the matter in the High Court, the bench was informed that the complaint was recorded in the trial court under Section 164 of Criminal Procedure Code (CrPC) but the full instructions by the trial court upon this matter still awaits. The High Court directed its sub-ordinate court to pass orders which are necessary with regards to this case. The order by the bench of the Allahabad High Court to the trial court states
"As an abundant caution, we provide that an appropriate order to this effect may be passed so that there is no tampering with the evidence of the case.”
The proceedings of the concerned matter will resume from 27th of August, 2020.
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