Gujarat HC orders probe into Bulgarian's rape, human trafficking complaint against pharma firm CMD

In her plea, she said despite approaching the police and filing her complaint, it failed to initiate investigation and lodge an FIR. When she approached a magistrate court with a private complaint against the accused persons, it dismissed the same, she said.

She sought the court’s direction to quash an order passed by the chief judicial magistrate dismissing her private complaint against the accused persons.

The court observed that despite being aware of their rights, victims of sexual violence are hardly able to resolve or redress their grievances in the existing mechanism considering different loopholes in the system.

“Only a few bold and courageous victims get ready to take torment and start a legal battle. Considering the prevailing scenario, police authority and learned magistrates ought to have dealt with such complaints in a sensitive manner,” it said.

The court said the magistrate ignored the settled principles of law and, hence, its order is required to be quashed.

The court said merely ordering an investigation into the allegations of complaint would not cause any prejudice in any manner to anyone.

When the police notice disclosure of cognizable offence at an initial stage, it is duty bound to register a complaint and investigate the offence as per the law laid down by the apex court in the case of Lalita Kumari (Supra), the HC observed.

The Bulgarian national said in her plea that she came to India on November 24, 2022 for a job as flight attendant and joined the pharma firm.

Her job profile was changed and she was made a butler personal attendant and appointed to travel and remain with the CMD of the firm.

During the course of the job, she was subject to sexual harassment, and when she did not surrender to illicit demands, she was removed from her job on April 3, 2023, he plea stated.

The petitioner wrote to her Embassy and Foreign Regional Registration Offices in this regard.

She claimed she was later put under pressure to withdraw her complaint and forced to file an affidavit in Mahila police station stating she had settled the dispute with the employer against which she received a demand draft of Rs 24 lakh from the employer.

Read also: Pharma firm CMD in legal trouble after flight attendant accuses him of rape, harassment