The court has the power to quash criminal proceedings if they are manifestly attended with malafide and maliciously instituted with an ulterior motive, as established in 'Ashoo Surendranath Tewari v. CBI' and 'State of Haryana v. Bhajan Lal'.

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:

i) The complainant is presently working as Personal Assistant at Bastacola Area No.9, Dhanbad and has been rendering her services with honesty and dignity. But the accused no.1 who is presently posted as Personal Manger, HOD (Legal), BCCL at Koyla Bhawan and previously i.e. in the year 2004 was in Kusunda Area 06, has been causing mental, financial and physical harassment since year, 2004. On protest he being a high officer is transferring the complainant here and there. On having asked as to why this is being done with her, accused no.1 has clearly stated that if she does not listen to his sayings, this will happen and till now you would have assessed my approach;

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 com