Court Directs Completion of Investigation in Harassment Case Involving Medical Officer. No Sanction Required for Offenses Under Section 509 IPC and Atrocities Act; Final Report to Exclude Section 506 IPC

Case Note & Summary

The petitioner, a Medical Officer Class – I, alleged harassment by her colleagues and superiors, leading to the filing of an FIR under IPC Sections 506, 509, and the Atrocities Act. The petition challenges the refusal of sanction to prosecute by the Chief Minister and seeks directions for the completion of the investigation. The court held that no previous sanction is required for offenses under Section 509 IPC and the Atrocities Act, directing the Investigating Officer to complete the investigation and file a final report, excluding Section 506 IPC.

1. Case Background Petitioner: Medical Officer Class – I, serving in Aurangabad. Allegations: Harassment by superiors and colleagues, awareness of her scheduled caste status. FIR: Registered for offenses under IPC Sections 506, 509, and the Atrocities Act. Legal Actions: Petitioner sought a direction for filing the investigation report, while respondents sought to quash the crime. 2. Investigation and Sanction Investigating Officer requested sanction to prosecute respondents. Chief Minister refused sanction, communicated on 17.02.2021. Petitioner's Challenge: Refusal of sanction and direction for completing the investigation. 3. Legal Submissions Petitioner's Counsel (Mr. Sapkal): No sanction required for offenses under Section 509 IPC and the Atrocities Act. The refusal was non-speaking and lacked proper reasoning. Additional Public Prosecutor: Refusal of sanction was an administrative decision, not needing detailed reasoning. 4. Court's Observations Sanction under Section 197 CrPC not needed for offenses under Section 509 IPC and the Atrocities Act. The refusal decision-making process was found to be proper. 5. Court's Decision Declared no previous sanction required for offenses under Section 509 IPC and Section 3 of the Atrocities Act. Directed Investigating Officer to complete investigation and file a final report, excluding Section 506 IPC. 6. Orders and Directions Investigation to be concluded and final report to be filed within six weeks. Respondents permitted to apply for quashment of the charge-sheet under Section 482 CrPC. 7. Conclusion Petition partly allowed with specific directions for the completion of the investigation and filing of the final report.