The investigation of a non-cognizable offence without the order of a Magistrate is illegal, and politically motivated prosecutions should be quashed.

JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

1. Heard Mr. R.S. Mazumdar, learned Senior Counsel assisted by Mr. Prashant Pallav, learned counsel for the petitioner, Mr. Ashutosh Anand, learned AAG-III for the respondent-State, Dr. Ashok Kumar Singh assisted by Mr. Akashdeep, learned counsel for respondent no. 2 and Mr. Jitendra Shankar Singh, learned counsel for respondent no. 5.

2. This petition has been taken 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. Initially in this case FIR bearing number Deoghar Town P.S. Case No. 427 of 2020, registered under Section 468, 471 and 420 of the Indian Penal Code was under challenge and the petitioner was protected by way of interim order dated 20.01.2021. The charge-sheet dated 24.07.2021 has been submitted and cognizance has been taken against the petitioner vide order dated 26.07.2021, which were challenged by way of filing I.A. No. 4223 of 2021. The said I.A. was allowed on contest vide order dated 09.09.2021 and the petitioner was directed to file amended writ petition and the State was set at liberty to file additional affidavit to the amended writ petition. Thus, vide order dated 09.09.2021, the charge-sheet dated 24.07.2021 as well as the cognizance order dated 26.07.2021 are also allowed to challenge in this petition. The amended writ petition has been filed by the petitioner and reply to the same has also been filed by the State by way of filing additional affidavit.

4. Respondent No. 5 has filed the FIR alleging therein that the Twitter handle of the incumbent political party, Jharkhand Mukti Morcha posted a message about the petitioner, wherein, certain comments were made about the educational qualification of the petitioner and reference was made to a letter from the Faculty of Management Studies, New Delhi, stating that the petitioner was never admitted nor passed from the college. It has been further alleged that the petitioner in the year 2016 in his affidavit bearing number FMS/4012 dated 5th January, 2016 has stated that his degree of MBA is correct. Further in his public rallies, the petitioner often refers to his high educational qualification and his contact in several companies through which he can secure jobs for the public. On the basis of the above mentioned tweet, respondent no. 5 has alleged that the degree of the petitioner is false and he has tried to mislead the public. On the basis of this complaint, an FIR bearing number Deoghar Town P.S. Case No. 427 of 2020 was instituted by respondent nos. 1, 3 and 4 under Section 468, 471 and 420 of the Indian Penal Code.

5. Mr. Mazumdar, learned Senior Counsel appearing for the petitioner submits that the petitioner has been elected as Member of Parliament of 17th Lok Sabha representing the constituents of Godda, Jharkhand in the year 2019. The petitioner has also served as the Member of Parliament in the 15th and 16th Lok Sabha. By way of referring the contents of FIR, he submits that there is no disclosure of the ingredients, so far as Sections 417 and 420 of the Indian Penal Code are concerned and in view of that the charge-sheet has been submitted by the police stating that so far as Sections 177 and 181 of the Indian Penal Code and Section 125A of the Representation of the People Act, 1951 are concerned, these sections are non-cognizable and on complaint only this can be filed and accordingly the case was referred to the Deputy Commissioner, Godda for taking action. He further submits that so far as Sections 417 and 420 of the Indian Penal Code are concerned, charge-sheet has been submitted and the investigating agency has recorded that the investigation is going on. He also submits that vide order dated 26.07.2021, the learned court has taken cognizance under Section 171G of the Indian Penal Code and under S