'Unbecoming Of A Judge; He Auctioned His Dignity': Allahabad HC Quashes 'False' FIR Lodged By A CJM Against Govt Officials

While quashing an FIR lodged by the Chief Judicial Magistrate, Banda against the serving officials of the state's Electricity Department, the Allahabad High Court on Tuesday made strong remarks about the Judicial officer's conduct. A bench of Justice Rahul Chaturvedi and Justice Mohd. Azhar Husain Idrisi observed that CJM Banda Bhagwan Das Gupta levelled “wild and tailored” allegations of fraud, cheating, fabrication of documents, and extortion of money against the officials “to teach a bitter lesson” to them and to make them “understand the power and position of a CJM. “These government servants (the petitioners) are of the Electricity Department, were not serving his interest or dancing on his tune, thus by initiating a criminal prosecution against them after levelling bogus and wild allegations, the respondent no.4 wants to kneel down them, before him,” the Court noted in its 25-page order. Importantly, the Court opined that CJM Banda virtually auctioned his chair, dignity, and position by making false, motivated, and purposive allegations in the FIR by misusing his powers as CJM Banda. Further, the Court also stressed the level of the standard expected from the Judges/magistrates as it emphasised that Judges' behaviour, conduct, temperament, and tolerance should also be at par with their constitutional position and the same cannot be compared with other officers discharging their duties for implementing the policies in the society “The first and foremost quality required in a Judge is his integrity. The need of integrity in the judiciary is much higher than other institution. The judiciary is an institution whose foundation is based on honesty, impartiality and integrity of sterling quality. Judges must remember that they are not merely an employee but they hold a high public office. The standard of conduct expected of a Judge is much than that of an ordinary person,” the Court said. The division bench made these observations while quashing the FIR against the state's electricity department officials at Banda Kotwali Police Station. The case in brief As per the facts of the case, the CJM Gupta bought a house in a locality in Lucknow from one Vandana Pathak. After the purchase, when CJM Gupta applied to change the electricity account to his name, he was informed by the SDO of the local electricity substation that there was an outstanding bill of Rs. 166,916 on the electricity connection. Perturbed by this, CJM Gupta filed a complaint in August 2013 before the Additional Civil Judge in Lucknow against Vandana Pathak (the previous owner of the house), her husband, and several electricity department officials for fraud and other charges u/s 420, 464, 467, 468, 504, 506 IPC. It was the case of the officials that they were only responsible for informing the outstanding amount and had no involvement in the property dealings between Pathak/Awasthi and CJM Gupta. The Additional Civil Judge in Lucknow issued a summons against the respondents; however, no substantial case was found against the electricity department officials later, so the case was dropped. As the legal battle continued, CJM Gupta kept losing the legal battle at Lucknow and, thereafter, at the District Consumer Forum, Lucknow. He was also denied relief from the Electricity Ombudsman as well. The High Court noted that when CJM Gupta failed to attain his objective at Lucknow, he decided to “cook up a fake story” and by “auctioning his chair and position as C.J.M., Banda,” he managed to lodge the F.I.R. against the petitioners in Banda u/s 406, 409, 419, 420, 464, 467, 468, 471, 386 I.P.C. The electricity department officials challenged the said FIR in the present petition. Taking note of this act of CJM Banda (of lodging an FIR in Banda after losing legal battle in Lucknow), the Court observed thus: “This fact itself speaks volumes about the hidden objective, design and ill motive of Respondent no.4. It is not expected from a C.J.M. that he would use his office and the chair to subserve his personal interest against the petitioners. It is unheard off, that a sitting Chief Judicial Magistrate is acting as an ordinary litigant so as to trap the officials of Electricity Department by initiating a criminal proceeding against them, who probably have declined the Respondent No.4 to serve his interest.” The Court further said that CJM Gupta “stooped down” to the level when he started hobnobbing and conniving with the SI in Kotwali Police Station Banda to lodge an FIR at Banda, where he was posted as CJM. “This is an unbecoming of a C.J.M. of the district. When the concerned C.J.M., as mentioned above, lost his case at Lucknow, then in its second innings, he has successfully prevailed upon the S.I. named above to lodge the F.I.R., making all sorts of wild and venomous allegations against the petitioners for alleged act of fraud, cheating,...

'Unbecoming Of A Judge; He Auctioned His Dignity': Allahabad HC Quashes 'False' FIR Lodged By A CJM Against Govt Officials

Sparsh Upadhyay

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