Bulgarian woman moves Gujarat HC seeking FIR against Pharma Co. CMDNovember 21, 2023
Ahmedabad: A 27-year-old Bulgarian woman, employed as a personal assistant to a Chief Managing Director (CMD) in a pharmaceutical company in the city, filed an application in court. The application sought to register a criminal case against the CMD and another individual under sections 376, 354, 323, 504, and 506 of the IPC in an Ahmedabad court.
However, the application faced rejection following a court inquiry. Later, the woman proceeded to approach the Gujarat High Court, seeking directives for the initiation of an FIR. The application was brought before Judge J.C. Doshi and the case is slated for further consideration in the High Court on December 4.
Initially, the woman filed the petition in the lower court through Anjana Sharma. Later, Om Sharma joined as her lawyer.
In 2022, the woman joined as a personal assistant to the CMD through a job solution company. She worked in Ahmedabad and accompanied the CMD to various places like Udaipur and Jammu, where he allegedly made inappropriate advances. The CMD insisted there should be no compromise if she wanted to keep her job. The harassment escalated to sexual harassment, leaving the woman shocked.
The woman lawyer states that more than 50 girls have been sexually assaulted in a single pharmaceutical company, but no one has come forward.
The girl applied to DCP, Women’s Commission, Navrangpura Police Station, Sola Police Station, Women’s Police Station, etc., to register a complaint against the accused. However, no action was taken, leading to the court being approached to register an FIR by presenting 28 documentary pieces of evidence along with an affidavit.
The lower court sought a police report on the woman’s plea, which stated that the woman petitioner had written before a notary that she had no objection with the other party. She will not complain in the future, and if she does, legal action will be taken against her.
However, the petitioner’s lawyer said that the police had deceived the girl by making her sign an application to retrieve her belongings. The opposition argued that the documents presented in the court inquiry were related to employment disputes; hence, the court rejected the application October 3. The woman ACP, Himla Joshi, is also named in the case.
Now the woman has approached the Gujarat High Court to file a complaint against the accused, challenging the verdict of the lower court. The application was presented before the bench of Judge J.C. Doshi. The petitioner’s lawyer argued that this is a crime against society, and the police have created a misunderstanding in the mind of the foreign girl. The evidence of the video taken by the girl is with the women police, who can destroy it. Also, a mere police report cannot be considered a court inquiry.
The government informed the High Court that some officials had a dispute over work, and among them, the petitioner is an employee. A similar application had previously come to the court, which was rejected. The petitioner’s counsel mentioned that under Section 164 of the CrPC, statements of three complainants, including a girl from Bengal, were to be recorded, but they refused to be involved in the matter. One said nothing, and one girl made a statement.
The public prosecutor stated that the petitioner has not mentioned anything in her affidavit. The police cannot register a complaint while the lower court is passing judgment. Additionally, the girl has submitted applications to many authorities before approaching the court. Furthermore, the girl’s lawyer mentioned that another judge instructed the petitioner to appear before the police to register a complaint. If the High Court has the power to order the registration of a complaint, why is it instructing us to complain?” DeshGujarat
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