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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY KUMAR DWIVEDI, J.
Debashish Chatterjee @ Devashish Chatterjee – Appellant
Versus
The State of Jharkhand – Respondent
Cr.M.P. No. 1372 of 2016
Decided on : 13-06-2023
No Objection Certificate - Quashing of Criminal Proceedings - CrPC 482 - Vishaka Vs. State of Rajasthan; [(1997) 6 SCC 241], Vineet Kumar and another v. State of Uttar Pradesh and another; [(2017) 13 SCC 369], Manoj Kumar Sharma v. State of Chhattisgarh; [(2016) 9 SCC 1], State of Haryana v. Bhajan Lal; [1992 Supp (1) SCC 335] - The court discussed the legal provisions under CrPC 482 and the judgments in Vishaka case, Vineet Kumar case, Manoj Kumar Sharma case, and State of Haryana v. Bhajan Lal case, highlighting the purpose of the inherent power of the High Court under Section 482 CrPC and the categories under which a criminal proceeding can be quashed. The court also considered the scope of malicious prosecution and the importance of sound, justifiable, and reasonable facts in invoking inherent jurisdiction under Section 482 of the CrPC.
Fact of the Case:
The petitioner filed a petition for quashing the cognizance order and entire criminal proceeding in connection with a complaint case alleging mental, financial, and physical harassment by the accused persons. The accused persons were alleged to have caused mental harassment, financial exploitation, and physical assault, leading to the complainant's mental illness and fear for her safety. The petitioner argued that the entire criminal proceedings should be quashed based on previous judgments and departmental proceedings faced by the accused persons.
Finding of the Court:
The court found that the case of the petitioner was fully covered by previous judgments and departmental proceedings faced by the accused persons. The court also noted that the opposite party had filed multiple cases against BCCL employees, suggesting malicious intent.
Issues: The issues involved the quashing of the cognizance order and entire criminal proceeding based on allegations of mental, financial, and physical harassment, as well as the petitioner's argument regarding previous judgments and departmental proceedings faced by the accused persons.
Ratio Decidendi: The court's decision was influenced by the legal provisions under CrPC 482 and the judgments in Vishaka case, Vineet Kumar case, Manoj Kumar Sharma case, and State of Haryana v. Bhajan Lal case. The court emphasized the purpose of the inherent power of the High Court under Section 482 CrPC and the categories under which a criminal proceeding can be quashed. The court also considered the scope of malicious prosecution and the importance of sound, justifiable, and reasonable facts in invoking inherent jurisdiction under Section 482 of the CrPC.
Final Decision: The petition for quashing the cognizance order and entire criminal proceeding was allowed and disposed of in favor of the petitioner.
JUDGMENT :
At the outset learned counsel Mr. Lukesh Kumar submits that No Objection Certificate has been taken from him by opposite party no.2 and now he is not in a position to argue the matter.
2. Once No Objection Certificate was taken by opposite party no.2, it was incumbent upon her to make alternative arrangement, however till date, she has not made any alternative arrangement, which suggests that opposite party no.2 has lost interest in this matter. Accordingly, this matter is being heard in absence of opposite party no.2.
3. Heard Mr. Ajay Kumar Sah, learned counsel for the petitioner and Mr. Vishwanath Roy, learned counsel for the State.
4. This petition has been filed for quashing of the cognizance order dated 10.09.2014 as well as for quashing of entire criminal proceeding in connection with Complaint Case No.1338 of 2014, pending in the court of the learned Chief Judicial Magistrate, Dhanbad.
5. The complaint case was filed alleging therein:
(a) The complainant who is presently working as Personnel Assistant at Bastacolla Area No. IX, Dhanbad has been rendering her services with full honesty and dignity. However, the accused No.1 namely Dr. Harendra Kishore who is presently posted as Head of the Department(Legal) B.C.C.L. at its Headquarter, Koyla Bhawan, Dhanbad and previously posted at Kusunda No.VI in the year 2004 has been causing mental, financial and physical harassment since 2004. Upon protest, it is alleged that the accused No.1 has been transferring the Complainant from one unit to another. On being asked as to why this is being done with her it is alleged that accused no.1 clearly stated that if she does not listen to his sayings this would continue.
(b) Upon coming to learn about the activities of the accused No.1 the accused No.2 namely Sri A.K. Dubey (Arun Kumar Dubey). Personnel Manager(Administration), and accused No.3 namely P. K. Mishra (Personnel Manager) also started causing physical and financial assault upon the complainant and they also threatened the complainant that if she does not listen their sayings, she would be transferred to such place where people would rip and tear her to such an extent that she would not be in a position to do her service in BCCL. The opposite party No.2 has also alleged that accused No.2 Sri A.K. Dubey always hurls dirty words and exerts pressure for making her succumb to his demands and has even asked for cash money on several occasions. As a matter of fact the accused No.2 Sri A.K. Dubey demanded and took a sum of Rs.30,000/-and at present has again made a demand of Rs.50,000/-. She has also alleged that on non-payment of the amount Sri A.K. Dubey has insulted her through Sri Debashis Chatterjee, the Clerk in the office of Sri Dubey. She further alleged that accused no.3 also in connivance with accused No.2 has been provoking her to do wrong things.
(c) On account of such acts of the accused persons, it is alleged that the complainant has been mentally harassed and feels injured. It is also alleged that she has made several written applications to high ranked officers but apart from assurances no relief has been extended to her as such the accused No.1 has allegedly started saying that he has now become a high officer in BCCL and therefore no one can do anything to him and has asked her to fall in line otherwise she along with her husband will have to loose their job and their life would be made a hell.
(d) The Opposite Party No.2 has also alleged that accused No.3 has also been making similar threats of dire consequences if she does not surrender herself or pays money to them and therefore, out of fear, the complainant/ opposite party No.2 has paid lakhs of rupees to the accused persons and still she is being kept under fear. It is also alleged that because of the accused persons the complainant has become mentally ill and word is being spread that nobody should pay any heed to her sayings.
(e) The opposite Party No.2 has also alleged that while she was returning to her r
AI
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