JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

1. Heard Mr. Dhananjay Kumar Dubey, the learned counsel for the petitioner and Mr. Afaque Ahmed, the learned counsel appearing on behalf of the Opposite Party.

2. This writ petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.

3. This petition has been filed for quashing the order taking cognizance dated 23.04.2011 including the entire criminal proceeding in connection with Complaint Case No. 685 of 2010, passed by the learned Chief Judicial Magistrate, Koderma.

4. The complaint case was filed on following premises:

The father of the complainant, namely, Jamal Mian was suffering from cancer and he belongs to the category of B.P.L. Treatment of the complaint's father was going on in Abdul Rajjak Ansari Cancer Institute, Ranchi and for the treatment of his father, regional M.L.A. had made recommendation for Government assistance. For getting the government assistance, the complainant had been approaching the petitioner for the last three days for attesting some documents i.e. photographs, identity proof, income certificate, certificate of B.P.L. but the petitioner (accused) ousted the complaint using abusive language and stated that she does not do the work of Miyan. She further stated that if you desire to get the work done, you have to pay Rs. 5,000/- otherwise you will be implicated, declaring the agent of I.S.I. for which the complainant made complaint before the Vice Chairman, Jhumri Tilaiya Municipality-cum-Member of Parliament, Koderma. It is further alleged that, thereafter, again the complainant along with witnesses went to the Block Office on 03.08.2010 and requested the accused-petitioner to do the work upon which the accused-petitioner became violent and misbehaved with the complainant and witnesses and also abused them and denied to attest the said documents for which information has been given to all concerned authorities but nothing has been done. It is further alleged that in absence of attested documents, the complainant was not able to get the amount of government assistance, resulting the death of his father.

5. Mr. Dhananjay Kumar Dubey, the learned counsel appearing on behalf of the petitioner submitted that the petitioner was appointed as Deputy Collector in the State of Bihar and after bifurcation of the State of Bihar, the petitioner was allocated State of Jharkhand cadre. He further submitted that the petitioner was functioning as Block Development Officer, Dumri in the district of Giridih and she was transferred by notification dated 06.02.2009 from Dumri to Koderma in the capacity of Block Development Officer, Koderma Sadar. She took over the charge of the office of Block Development Officer, Koderma Sadar. While the petitioner was discharging her duty as Block Development Officer, Koderma Sadar, on 05.08.2010 in the official chamber, one Anwarul Haque, Vice Chairman of Koderma Municipality entered into her chamber and asked for a list of scheme which is going on and also threatened her to ruin her. Mr. Dubey, the learned counsel submitted that no scheme was in operation at that time in that Block. The said person while going outside the chamber has threatened the petitioner. The petitioner sent an application before the Officer In-charge of Tilaiya Police Station for taking appropriate step against the said person. On the basis of said application, a First Information Report was instituted being Tilaiya P.S. Case No. 315 of 2010 dated 08.08.2010 corresponding to G.R. No. 629/2010 under sections 353 and 504 of the Indian Penal Code in which said Anwarul Haque was made an accused. The police investigated and charge-sheet was submitted under section 504 IPC in that case on 30.09.2010. He further submitted that in the month of October, 2010 anot