A dispute arising from internal service rules, work allocation, or administrative transfer policies, absent clear criminal intent or statutory penal consequences, remains civil in nature and cannot be converted into criminal proceedings under the Indian Penal Code.

ORDER:

This Criminal Revision Case filed under Sections 397 and 401 of Code of Criminal Procedure (Cr.P.C.) impugns the order dated 01.08.2018 of the learned VIII Additional Chief Metropolitan Magistrate, Gajuwaka in DDR No.4299 of 2018. By the said order the complaint filed by the revision petitioner was dismissed.

2. Various grounds are alleged in the revision and the revision petitioner- Sri Sugan Chandra Gupta having been permitted as per the rules appeared and argued in person. For respondents, Sri Ch.B.R.P.Sekhar, the learned counsel appeared and submitted arguments. There is on record counter affidavit filed on behalf of the respondents and a reply counter affidavit filed by the revision petitioner.

3. According to the revision petitioner, these respondents committed offences under Sections 166,167, 192, 120A, 107 and 119 read with 34 and Section 44 I.P.C and the learned Chief Metropolitan Magistrate ought to have summoned them and prosecuted them and its failure resulted in injustice. In such circumstances, it is relevant to find out what is stated in the complaint and for that purpose the complaint is extracted as below:

“IN THE HONOURABLE COURT OF VIII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT GAJUWAKA, VISAKHAPATNAM.

DDR NO. 4299/2018

BETWEEN

Sugan Chandra Gupta Complainant

And

1. Sri MMK Murty ED(MM-Retd), RINL, Visakhapatnam Steel Plant.

2. Sri NR Prasad, GM(MM), RINL, Visakhapatnam Steel Plant.

Accused

COMPLAINT FILED UNDER SECTION 200 OF Cr.P.C. FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 166, 167, 192, 120A, 107 AND 119 READ WITH Sec 34 AND 44 OF IPC

I. The Complainant is:

Shri Sugan Chandra Gupta, S/o Late Jagadish Prasad Gupta, Hindu, Aged 58 yrs, Hindu residing at Dr.No.31-45-7/2, Vudanagar Ph-2, Kurmanpalem, Visakhapatnam-530049 (AP) is an employee of Rashtriya Ispat Nigam Limited, (RINL), Visakhapatnam Steel Plant, Visakhapatnam 530031.

The address of the complainant for the purpose of service of summons, notices etc is as stated above.

II The Accused are:

1. Shri MMK Murty Executive Director(MM) RINL, Retd. s/o Not known to Complainant, Aged-61 years, Hindu, residing at Fiat no 102, Sai Krishna Towers, Opposite HP Gas, Muralinagar, Visakhapatnam (A. P) PIN-530007.

2. Shri N R Prasad, GM(MM-Stores, RINL), s/o Not known to Complainant, Aged-57 years, Central Stores Department. Visakhapatnam Steel Plant, Visakhapatnam (A.P.) PIN 530031.

All the accused are major and the addresses of the accused are for the purpose of service of notices and summons as stated above.

1. The complainant submits that the accused Al and A2 are ‘Public Servant’ within the meaning of Section 21 of Indian Penal Code 1860, during the relevant period of commission of the offences. The complainant, also submits that the accused being officers of a Government company, do not require prior sanction for prosecution under Sec 197 of Cr.P.C., and also as per Hon’ble Supreme Court Judgment in Mohmd, Hadiraja vs State of Bihar delivered on 28th April 1998.

2. The complainant submits that Rashtriya Ispat Nigam Ltd, Visakhapatnam Steel Plant is a company incorporated under Companies Act 1956 and is a Government Company within the meaning of Sec 617 of Companies Act, 1956 and therefore is 'State’ under Art 12 of Constitution of India. The accused A1 and A2 were responsible for the management of Materials Management Department of the Visakhapatnam Steel Plant during the relevant period.

3. The Complainant further submits the procedure and rules of Visakhapatnam Steel Plant are law for the Complainant as well as to the A1 and A2, under Art 13(3) of the