High Court cannot consider defense or veracity of evidence when exercising powers under Section 482 of Cr.P.C., and must treat the FIR as true to uphold the proceedings against the petitioner.

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 528 of B.N.S.S., 2023 with the prayer to quash the entire criminal proceeding including the order dated 16.04.2020 passed by the learned Additional Chief Judicial Magistrate, Hazaribagh in connection with Korrah P.S. Case No. 72 of 2019, corresponding to G.R. No. 447 of 2020, whereby and where under, the learned Additional Chief Judicial Magistrate, Hazaribagh has taken cognizance of the offence punishable under Sections 171E, 171F, 353, 120B/34 of the Indian Penal Code and under Section 123 of Representation of Peoples Act consequent upon submission of the charge sheet against the petitioner for having committed the said offences.

3. The allegation against the petitioner is that the petitioner used criminal force and assault upon the inspector of Income Tax who is a public servant in execution of his duty of verifying the hotel rooms as member of flying squad consisting of other public servants also constituted to prevent adoption of illegal means in the Lok Sabha Election for the 14-Hazaribagh Lok Sabha Constituency for the Lok Sabha Election of the year 2019. It is alleged that the petitioner was involved in bribery by giving gratification to persons with object to inducing them to exercise electoral rights and has also committed the offence of exercising undue influence at the election. When the informant-Executive Magistrate-cum-Block Development Officer, Hazaribagh Sadar Block got information that in a hotel at Hazaribagh to exert undue influence in the election of Hazaribagh Lok Sabha Constituency, some rooms have been booked and huge amount of money has been kept; a raid was conducted in the said hotel by the flying squad duly constituted by election commission consisting of public servants and it was found that four different rooms of the hotel was booked by one of the co-accused persons and from those four different rooms booked by co-accused person huge amount of cash has been recovered. The allegation against the petitioner was that the petitioner was present in one of the rooms booked by the co-accused and when flying squad consisting of public servants tried to enquire into the contents of the rooms in which the petitioner was present, petitioner used criminal force and assault upon the public servants consisting of flying squad by manhandling them and obstructing them in discharge of their official duties. From the room in which the petitioner was present along with two unknown persons, several documents relating to giving and taking of money was recovered.

4. On the basis of the written report, police registered Korrah P.S. Case No. 72 of 2019 and took up investigation of the case. After completion of investigation police found the allegation to be true and submitted charge sheet inter alia against the petitioner and basing upon the same, learned Additional Chief Judicial Magistrate, Hazaribagh has taken cognizance of the offence as already indicated above.

5. It is submitted by the learned counsel for the petitioner that charge has not yet been framed by the trial court. Relying upon the judgment of the Hon’ble Supreme Court of India in the case of B.N. John vs. State of U.P. & Anr. reported in2025 INSC 4, it is submitted by the learned counsel for the petitioner that in that case, the Hon’ble Supreme Court of India has quoted Clause 4 of paragraph no.102 of the case ofState of Haryana vs. Ch. Bhajan Lal & Ors. reported in1992 Supp. (1) SCC