Sexual harassment
7 months ago
I had filed sexual harassment case againts sexual harassment case against boss in company ic member.but I was very scared and was in mental trauma/depression so I didn't speak to file legal case.but I told hr that internal action should be taken in company.I told my I had to leave the job due to boss. And ic and Hr members did not give me posh policy training. But they signed the final report from me. And in it they mentioned that they told me posh policy. I am still jobless and in depression. I wrote a harassment case in the resignation letter and mailed it. Now that boss has left the company. I feel that the case has been closed by keeping the posh policy hidden from me. It has been 6 months since this incident.
So can I file a police complaint again now? Pehle police complaint nahi kiya tha only company hr,if member ko letter mail kiya tha.
From the contents of the query, it appears that you left the job after signing the final report of the internal Inquiry Committee of the company. You tender your resignation citing the case of harassment that happened to you and the person against whom you brought the complaint of sexual harassment had left the company and after the lapse of 6 months, you want to reopen the complaint of sexual harassment again through a police complaint. So in this scenario, your complaint to the police may not be accepted at this belated stage especially when your earlier complaint to HRD is closed without your knowledge about the outcome of the inquiry and you left the job without pursuing the matter. In case the Police refuse to accept your complaint, you have to file a complaint before the Magistrate u/s.156(3) Cr PC for an order for registration of an FIR by the police. Under S.156(3), the magistrate has the power to direct the police to investigate in cognizable offences. Police has to register an FIR and investigate. Police have to file a final report (positive or negative) In case of positive, the court will take cognizance, issue summons and conduct trial. In 156(3) the order comes in 2 days as the court has to simply decide whether to order the registration of FIR or proceed to take the cognizance and proceed under 200 CrPC. If the court decides to proceed under 200 CrPC then the final disposal of the case will take a year or even more depending on the backlog of cases in the court. So, if you like to file a complaint at the belated stage, you need ot consult an Advocate for guidance and steps.
Termination shown as resignation, done salary adv recovery from my FnF
Legal advice
Legally advice for sexual harassment case
If any male person has trapped
I want to enquire about posh complaint against me
