Jharkhand High Court
Laxmi Kumari @ Laxmi Devi vs The State Of Jharkhand ... Opposite ... on 2 November, 2021
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
Cr. M.P. No.1441 of 2020
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. M.P. No.1441 of 2020
------
1. Laxmi Kumari @ Laxmi Devi, aged about 27 years, wife of Suraj Prasad.
2. Sunita Devi, aged about 55 years, wife of Indradeo Prasad.
3. Chanda Prasad, aged about 30 years, wife of Manish Kumar.
4. Preethvi Prasad, aged about 26 years, son of Indradeo Prasad.
5. Tara Prasad, aged about 27 years, daughter of Indradeo Prasad. All are residents of village Tilaiya, P.O. Maheshra, P.S.- Daru, District- Hazaribagh, Jharkhand. ... Petitioners Versus The State of Jharkhand ... Opposite Party
------
CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioners : Mr. Anil Kumar, Sr. Advocate
For the State : Ms. Priya Shrestha, Spl. P.P.
------
PRESENT
HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
By the Court:- Heard the parties.
2. Learned senior counsel appearing for the petitioners submits that he does not press the instant application so far as petitioner Nos.2 to 5 are concerned as they have already surrendered and their prayer made in this petition has become infructuous and confining the prayer made in this petition only in respect of the petitioner no.1.
3. This Cr.M.P. has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash the order dated 11.01.2020 passed by the Chief Judicial Magistrate, Chatra in connection with Sadar P.S. Case No.165 of 2018 corresponding to G.R. No.945 of 2018 by which the learned Chief Judicial Magistrate, Chatra passed the order for issuance of non-bailable warrant of arrest against the petitioners and the order 1 Cr. M.P. No.1441 of 2020 dated 27.02.2021 by which the learned Chief Judicial Magistrate, Chatra passed order for issuance of the process under Section 82 Cr.P.C. inter alia against the petitioner No.1.
4. Learned senior counsel for the petitioners submits that the case relates to large scale of financial irregularities and illegal withdrawal of money and the F.I.R. has been registered for the offences punishable under Sections 467, 468, 469, 471, 420, 409, 406, 120 B, 34 of the Indian Penal Code and Section 13 of the Prevention of Corruption Act. It is next submitted that the power with respect to the trial of the case involving the offences punishable under the penal provisions of Prevention of Corruption Act along with the offences punishable under the penal provisions of Indian Penal Code is vested with the Special Court constituted under the Prevention of Corruption Act, hence, the continuation of the present proceeding before the learned Chief Judicial Magistrate, Chatra is absolutely illegal and without jurisdiction. It is further submitted that on 11.01.2020, the Investigating Officer of the case made a prayer before the learned Chief Judicial Magistrate, Chatra to issue warrant of arrest against the petitioners stating therein that the petitioners are evading their arrest and accordingly, the said prayer has been allowed and subsequently petition was filed by the Investigating Officer of the case with a prayer to issue the process under Section 82 Cr.P.C. against the accused persons including the petitioners and vide order dated 27.02.2021, the process under Section 82 Cr.P.C. has been issued against the petitioners which is absolutely cryptic and non-speaking order as well as illegal. It is then submitted that though under Section 73 of the Code of Criminal Procedure, learned Chief Judicial Magistrate or the Judicial Magistrate-1st Class has got the jurisdiction to 2 Cr. M.P. No.1441 of 2020 issue warrant of arrest however, in the present case, the said power should not have been exercised by the learned Chief Judicial Magistrate in view of the special law as provided under the Prevention of Corruption Act and as Special Court of Vigilance has been created in the District of Hazaribagh by the Government, Department of Law vide Notification No. A/quote/Constitution (Vigilance)-13/2009-1554 (J) dated 19.07.2017 and the record was sent by the order dated 05.02.2020 but in spite of that the said record was sent back to the court at Chatra and the case is being proceeded with the learned Chief Judicial Magistrate, Chatra which is absolutely bad and illegal in law.
5. It is further submitted that the order issuing non-bailable warrant of arrest is an illegal order as the same is contrary to the law laid down by the Hon'ble Supreme Court of India in the case of Inder Mohan Goswami & Another Vs. State of Uttaranchal & Others reported in (2007) 12 SCC 1. Hence, it is submitted that the said two orders dated 11.01.2020 and 27.02.2021 be quashed.
6. Ms. Priya Shrestha- learned Special P.P. appearing for the State vehemently opposed the prayer for quashing the said two orders dated 11.01.2020 and 27.02.2021 and submitted that undisputedly the learned Chief Judicial Magistrate, Chatra has passed the two orders in Sadar P.S. Case No.165 of 2018 corresponding to G.R. No.945 of 2018 and not in respect of any case registered with the anti-corruption bureau police station. It is then submitted that keeping in view the fact that the offences involved include the penal provisions of the Prevention of Corruption Act, the Chief Judicial Magistrate, Chatra has rightly sent the records to the Special Court (A.C.B) but for the reason for which there is no explanation in the record, the said case was 3 Cr. M.P. No.1441 of 2020 returned back to the court at Chatra and again the case record came to the court of Chief Judicial Magistrate, Chatra. It is next submitted that the F.I.R discloses about the commission of the offences punishable under sections of both Indian Penal Code as well as Prevention of Corruption Act, 1988 and there is no dispute that the Chief Judicial Magistrate has jurisdiction to proceed with the offences punishable under the penal provisions of the Indian Penal Code involved in this case. There is no material in the record to suggest that the Chief Judicial Magistrate, Chatra has exercised his jurisdiction which is vested under the Special Court constituted under the Prevention of Corruption Act, 1988. Hence, once the record is sent back by the Special Court (A.C.B), the offences committed under the penal provisions of Indian Penal Code will not be obliterated and the same would remain. Hence, it is apparent that the learned Chief Judicial Magistrate has exercised the jurisdiction so far as offences punishable under the Indian Penal Code is concerned and as inter alia the petitioner No.1 is evading her arrest and after recording of such categorical finding, learned Chief Judicial Magistrate, Chatra has issued the non-bailable warrant of arrest. Hence, it is submitted that there is no illegality so far as the order dated 11.01.2020 is concerned.
7. It is further submitted by the learned special public prosecutor that so far as order dated 27.02.2021 is concerned, the same is a well-reasoned order and the learned Chief Judicial Magistrate has well discussed the reasons for issuing the process under Section 82 Cr.P.C. Hence, it is submitted that the said order does not warrant any interference of this Court in exercise of the power under Section 482 of the Code of Criminal Procedure. Hence, it is submitted that this petition, being without any merit, be dismissed.
4 Cr. M.P. No.1441 of 2020
8. Having heard the submissions made at the Bar and after carefully going through the materials in the record, it is crystal clear that the State Police has registered the F.I.R. for the offences under the penal provisions of both the Indian Penal Code as well as under the Prevention of Corruption Act and forwarded to the same to the learned Chief Judicial Magistrate, Chatra who was having the jurisdiction over the concerned police station. So far as F.I.R registered with Sadar P.S. Case No.165 of 2018 corresponding to G.R. No.945 of 2018 is concerned the learned magistrate has transmitted the case record to the special court (A.C.B) constituted under the Prevention of Corruption Act keeping in view the offences alleged to have been committed under the penal provisions of Prevention of Corruption Act also. There is no quarrel that the same has been returned by the concerned Special Judge (A.C.B) for the reasons for which there is no material available in the record. Under such circumstances, the offences punishable under the Indian Penal Code can certainly not be obliterated and the Chief Judicial Magistrate, Chatra was competent to proceed with the case so far as it relates to the offences punishable under the penal provisions of Indian Penal Code and so far there is no material in the record to suggest that the Chief Judicial Magistrate, Chatra has exercised any power or jurisdiction so far as the offences punishable under the Prevention of Corruption Act are concerned.
9. The penal provisions under the Indian Penal Code lodged in the F.I.R. are no doubt, non-bailable offences. Hence, under such circumstances as the learned Chief Judicial Magistrate, Chatra has after recording his satisfaction to the fact that inter alia that the petitioner No.1 is evading her arrest having passed the said order dated 11.01.2020. Hence, this Court finds no illegality in 5 Cr. M.P. No.1441 of 2020 the said order to interfere with the same under the power vested under Section 482 Cr.P.C. Similarly, the order dated 27.02.2021 is also a well-reasoned order and the learned Chief Judicial Magistrate, Chatra has also mentioned therein the reasons in exercising the power for issuance of process under Section 82 Cr.P.C.
10. Accordingly, this Court is of the considered view that there is no merit in this petition, hence, the same is dismissed.
11. This Cr.M.P. is disposed of accordingly.
(Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 02nd November, 2021.
AFR/ Animesh-Pappu 6