ORDER
Dated this the 12thday of March, 2026 The accused in C.C. No. 984 of 2023 on the file of the Judicial First Class Magistrate Court-l, Hosdurg, arising out of Crime No. 1627 of 2022 of Hosdurg police station, filed this Crl.M.C. under Section 528 of the B.N.S.S., praying for quashing all further proceedings against him. The offences alleged against the petitioner are under Sections 354A, 354(1)(i), 354(1)(iv) and 509 of the IPC.
2. The prosecution case is that on 21.10.2022 at about 9.30 a.m., the accused who was working as a Pediatric Surgeon in Government District Hospital, Kanjangad, after knowing that the defacto complainant is a graduate in Hindi, asked the Hindi words for 'vagina', 'penis' and 'clitoris' with sexual intent and thereby insulted the modesty of the defacto complainant.
3. According to the learned counsel for the petitioner, the allegations levelled against the petitioner do not make out the offences as alleged. Therefore, he prayed for quashing all further proceedings against the petitioner.
4. The petition was strongly opposed by the learned Public Prosecutor.
5. Though notice was served on the 3rd respondent/ defacto complainant, she did not turn up.
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6. The defacto complainant was a first year nursing student who was deputed for duty in the hospital where the petitioner was working as Pediatric Surgeon. It is alleged that he had asked the corresponding Hindi words for the words 'vagina', 'penis' and 'clitoris' with sexual intent. Since the words spoken by the petitioner to the defacto complainant are obscene words and since he had asked those words to the defacto complainant out of context, the same will prima facie amount to the offences punishable under Sections 354(1)(iv) and 509 of the IPC.
7. As argued by the learned counsel for the petitioner, the above allegations do not make out the offence under Section 354A(1)(i), as there was no physical contact or advances involving unwelcome and explicit sexual overtures. Therefore, this Crl.M.C. is liable to be allowed in part as follows: the charge under Section 354A(1)(i) is quashed and the prayer for quashing the charges under Sections 354A(1)(iv) and 509 of the IPC is rejected. Sd/-
C. PRATHEEP KUMAR,
JUDGE
NJ
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APPENDIX OF CRL.MC NO. 1925 OF 2026
PETITIONER ANNEXURES
Annexure 1 THE CERTIFIED COPY OF THE FIR IN CRIME NO:
1627/2022 OF THE HOSDURG POLICE STATION DATED 16-12-2022
Annexure 2 THE CERTIFIED COPY OF THE FINAL REPORT WITH
MEMO OF EVIDENCE AND STATEMENT IN CRIME NO:
1627/2022 OF THE HOSDURG POLICE STATION DATED 30-01-2023
Annexure A3 TRUE COPY OF THE INFORMATION ISSUED TO THE
PETITIONER UNDER RIGHT TO INFORMATION ACT
Annexure A4 TRUE COPY OF THE RELAVANT PAGES OF ANATOMY
TEXT OF NURSING STUDENTS