The Bombay High Court on Thursday refused to set aside a case of molestation registered against a director of Chate Coaching Classes. The accused, Machindra Chate, had approached the court, seeking directions to quash the case.
The court, however, observed that, in a molestation case, the intention of an accused person could be determined only by a trial court after hearing the deposition of the girl who has lodged the complaint.
Chate's advocate, Krishna Holambe Patil, argued that an offence had been lodged against Chate by a girl studying at the class. It was registered at Bhoiwada police station on January 30, 2013. That day, a meeting was held between teachers and parents of students.
Chate's petition clamed: 'There was some problem in the meeting following which a few parents and three girl students forcibly entered Chate's office and started physically and verbally abusing him. In the scuffle, Chate had also abused the parents and asked them to leave his office."
The same day, Chate too lodged a case against the parents at the same police station. He was later informed that one of the girl students had lodged a counter case of molestation against him.
While hearing Chate's petition, seeking quashing of the case, the judges of the high court opined that at this stage they could not decide whether the accused had any intention of molesting the complaiant or whether it was a misunderstanding.
Justice NH Patil observed: "That is for the trial court to decide... It depends on what the girl says. In this case the girl in her complaint has said the accused person indulged in a shameful act. At this stage to ask the girl to explain in detail what was the shameful act is not permissible. The high court cannot now go into evidence."
Thr judges have asked Chate's advocate to approach a sessions court with a discharge application since a charge sheet has been filed in the case. Patil agreed and withdrew the petition.