In a recent case at the Judicial Megistrate First Class heard an application under section 156(3) CRPC by a PhD Scholar who alleged sexual harassment and misconduct by her PhD Supervisor . The court has directed the police authorities to register an FIR against the accused PhD Supervisor, earlier holding positions as the Head of the Business School and the University’s Dean for Students Welfare at Shree Mata Vaishno Devi University, Katra .
Victim filed the case through her counsel Advocate Nikhil Padha
The application, filed under Section 156(3) of the Code of Criminal Procedure (CrPC), sought directions for the SHO of P.S. Katra to register an FIR against the professor, citing offences under sections 354, 354A, 354D, 354E, and 509 of the IPC. During the proceedings, the Hon’ble Judge brought forth the requirement of mandatory sanctions, as delineated under Section 197 of the CrPC, prior to registering an FIR against a public servant.
However, Advocate Padha argued on the explanation of Section 197 of the CrPC. He highlighted that when allegations pertain to sexual offences, public servants are not accorded any special protections even during prosecution, let alone the initial investigation stages. The argument was further reinforced by referencing a recent Apex Court decision in XYZ v. State of M.P. (2022 SCC OnLine SC 1002). This case emphasized the Magistrate’s duty under Section 156(3) of the CrPC to initiate a police investigation when a possible cognizable offense surfaces in a complaint, especially if essential evidence may reside with the accused or related parties.
Following the deliberations, the SHO, Katra was directed to take action by registering FIR
