IN THE HIGH COURT OF JHARKHAND AT RANCHI
Sanjay Kumar Dwivedi, J.
Arun Kumar Dubey - Petitioner
Versus
The State of Jharkhand and ors. - Opposite Parties
Cr.M.P. No. 2578, 2249 of 2016
Decided On : 25-04-2022
Code of Criminal Procedure,1973 - Section 482 - Saving of inherent powers of High Court - Whether uncontroverted allegations as made prima facie, establish the offence - Whether it is expedient and in interest of justice to permit prosecution to continue – Held, Court has gone through the materials on record - It is an admitted fact that the O.P.no.2 has filed earlier case in the year 2004 which was subject matter in view of the “Vishaka” case (supra) before the six men committee and the committee after much deliberation after considering the evidence has submitted report which is brought on record wherein the petitioners have been acquitted. Subsequently the O.P.No.2 has filed this complaint petition against the petitioners - Second committee formed in the light of “Vishaka” case by the management of BCCL in which report was submitted on 16.05.2016 which has been brought on record by way of filing supplementary affidavit and the committee again provided the report to the effect that the charges against the petitioners have not been proved. In para 26 of the petition, the complaint made by the O.P.no.2 has been disclosed whereby it transpires that 12 cases have been filed against the employee of the BCCL by the O.P.no.2 which suggest that O.P.No.2 by way of malafide intention implicating the employees of respondent BCCL by way of filing the false case. In two enquiry committee report the petitioners have been exonerated on merit and they have found to be innocent in the enquiry committee report - So far the submission, the learned counsel for the O.P.no.2 with regard to power under section 482 Cr.P.C is concerned, it is not in dispute, it is well settled that when the Court comes to the conclusion that there are allegations and there is no malafide involved the Court is restraint to the quash the order under section 482 Cr.P.C - However, at the same time if the Court comes to the conclusion that the proceeding is malafide the court is required to interfere under section 482 Cr.P.C – Order accordingly.
JUDGMENT :
1. Heard Mr. Indrajit Sinha, the learned counsel appearing for the petitioners and Mr. Lukesh Kumar, the learned counsel appearing on behalf of O.P.No.2.
2. In both the cases common complaint are under challenge wherein allegations are made against the petitioners.
3. These petitions have been filed for quashing the judgment dated 09.09.2016 passed in Cr.Revision No.281 of 2014 in Cr.M.P. No. 2578 of 2016 and Cr.Revision No.234 of 2014 in Cr.M.P. No. 2249 of 2016 by learned Additional Sessions Judge-V, Dhanbad whereby the criminal revision application preferred by the petitioners challenging the order taking cognizance dated 10.09.2014 has been dismissed and also for quashing the entire criminal proceeding arising out of C.P.Case No.1338 of 2014, including the order dated 10.9.2014, pending in the court of Judicial Magistrate 1st Class, Dhanbad.
4. Mr. Indrajit Sinha, the learned counsel appearing on behalf of the petitioners submits that petitioner in Cr.M.P.No.2249 of 2016 was H.O.D (Legal), B.C.C.L and petitioner in Cr.M.P.No. 2578 of 2016 was Manager (Personnel and Administration), B.C.C.L and in both the petitions the petitioners have prayed for quashing the order dated 09.09.2016 passed in Cr. Revision No.281 of 2014 and Cr.Revision No.234 of 2014 passed by the Additional Sessions Judge-V, Dhanbad whereby he has dismissed the criminal revision application and affirmed the order dated 10.09.2014 passed by learned Judicial Magistrate 1st Class, Dhanbad whereby he has taken cognizance against the petitioners.
5. O.P.no.2 has filed the complaint case before the learned Chief Judicial Magistrate, Dhanbad alleging therein that :
ii) Upon getting aware of such activities of accused no.1, accused nos. 2 and 3 used to cause financial and physical assault on the complainant. Accused nos.2 and 3 have also threatened the compliant that if she does not listen to their sayings, she would be transferred to such place where people will rip and tear her to the extent that she would not be in a position to do service. Accused no.2 (petitioner herein) always comes to the complainant and hurts dirty words and exerts pressure for making her succumb to his sayings and he has even asked for money on many occasions. Two years age, he had taken a sum of Rs.30,000/- and presently again making a demand of Rs.50,000/-. For not paying the amount, he is getting her insulted through Devashish Chatterjee who is a clerk in the same office and accused no4. In C.P.Case No.1338 of 2014. Accused no.3 also in connivance with accused no.2 is provoking her to do wrong things.
iii) Due to such acts of the accused persons the complainant has become mentally harassed and feels injured. In this regard, the complainant has been informing through written application to the high ranked officials, but except assurance no relief has been extended. Accused no.1 has now started saying that he has become a high officer in the BCCL and no one can do anything to him. You are a tribal lady and still there is time you do in the manner I say, otherwise along with you the services of your husband would also be terminated and your life would be made to hell.
iv) Accused no.3 says that the complainant and her husband both are working in BCCL, either you surrender yourself to us or to give money and out of fear the c
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