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2024 Supreme(Jhk) 581

IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY, J.
Hari Nandan Singh, S/o. Late Budhan Singh - Petitioner
Versus
The State of Jharkhand & Ors. - Opposite Parties
Cr. M.P. No. 1588 of 2023
Decided On : 13-08-2024

Advocates Appeared:
For the Petitioner: In Person.
For the State : Mr. Pankaj Kumar, P.P.
For the Opposite Parties : Mr. Navneet Toppo.

The inherent powers under Section 482 Cr.P.C. cannot be used to entertain a second revision application, and no prima facie case was established against the accused.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - Criminal miscellaneous petition - Petition filed to quash orders of Chief Judicial Magistrate and Additional Sessions Judge - Allegations of assault and misconduct against public servants - No prima facie case established - Petition dismissed for lack of merit. (Paras 2, 16)

(B) Right to Information Act - Allegations regarding improper information delivery - Court finds no offence established even if allegations are true. (Paras 6, 16)

Facts of the case:
The petitioner filed a complaint alleging assault and misconduct by public servants, which was dismissed by the Chief Judicial Magistrate for lack of prima facie evidence. The revisional court upheld this dismissal.

Findings of Court:
The court found no merit in the allegations and upheld the lower court's decisions, stating that the petition was vexatious.

Issues: The main issue was whether the allegations made in the complaint constituted any offence under the law.

Ratio Decidendi: The court ruled that the inherent powers under Section 482 cannot be used to entertain a second revision application, and the allegations did not establish any offence.

Result: Petition dismissed.

JUDGMENT :

Anil Kumar Choudhary, J.

1. Heard the parties.

2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 Cr.P.C. with a prayer to quash the order dated 25.05.2022 passed by the learned Chief Judicial Magistrate, Bokaro whereby and where under, the learned Chief Judicial Magistrate, Bokaro has dismissed the complaint petition filed on 09.06.2021 by the petitioner in Complaint Case No. 549 of 2021 and further to quash the order dated 23.02.2023 passed by the learned Additional Sessions Judge-IV, Bokaro in Criminal Revision No. 148 of 2022 whereby and where under, the learned Additional Sessions Judge-IV, Bokaro has been pleased to dismiss the criminal revision filed on 20.06.2022 by the petitioner and upheld the order passed by the learned Chief Judicial Magistrate, Bokaro in Complaint Case No.549 of 2021.

3. The brief fact of the case is that the petitioner who is appearing in person filed Complaint Case No. 549 of 2021 on 10.06.2021 alleging therein that on 18.11.2020 the proposed accused no.1 directed the proposed accused no.2- who is acting assistant not to send any information to the complainant and upon the instruction of the proposed accused no. 1, the proposed accused nos.2, 3 and 4 entered forcibly in the residential house of the complainant and assaulted him on 18.11.2020 between 1:30 pm and 2:30 pm and they also instructed him to receive the copy of the original document after counting and to acknowledge receiving the said documents. When the complainant made objections, the proposed accused persons threatened to lodge a case in police station.

4. Learned Chief Judicial Magistrate, Bokaro observed that the S.D.O., Chas was directed to supply the information by postal service but what all he has done is that he has supplied the information sought by the complainant by physically handling over the same through his subordinates. The learned Chief Judicial Magistrate, Bokaro also considered that the proposed accused in the case is the S.D.O. Chas and the other proposed accused persons are the staff members of his office and the allegations made against them are ornamental and came to the conclusion that there is no prima facie material in the record to constitute the offences punishable under Sections 166, 193, 323, 325, 420, 442, 466, 468, 120B of Indian Penal Code to proceed against the accused persons and dismissed the complaint under Section 203 of Cr.P.C.

5. Being aggrieved by the said order dated 25.05.2022 passed in Complaint Case No. 549 of 2021 by the Chief Judicial Magistrate, Bokaro, the complainant filed Criminal Revision No. 148 of 2022. The revisional court from the perusal of the materials available in the record observed that, it appears that the complainant-petitioner himself has not fully supported the case and all the three inquiry witnesses examined in this case have also not supported the case as alleged in the complaint and all they have stated are contradictory and the material in the record thus is insufficient to constitute prima facie case as alleged against the proposed accused persons in the complaint and did not find any illegality in the order of the learned Chief Judicial Magistrate, Bokaro and dismissed the revision.

6. It is submitted by the petitioner in person that the opposite party no.2 of this criminal miscellaneous petition being the Public Information Officer-cum-Sub-Divisional Officer, Chas has knowingly given incorrect, incomplete and misleading information instead of the information demanded by the petitioner. It is next submitted by the petitioner in person that the petitioner filed first appeal under Section 19 of the Right to Information Act and the officers of the State were very angry due to the order dated 11.11.2020 passed by the Additional Collector-Bokaro-cum- First Appellate Authority and the opposite party no.2 in complete connivance with the Superintendent of Police, Bokaro planned conspiracy against the petit

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