Asha Devi vs State Of Jharkhand

Anil Kumar Choudhary, J

Heard the parties.

This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the prayer to quash the entire criminal proceedings including the order dated 01.07.2024 passed by the learned Additional Sessions Judge-II-cum-Special Judge, Electricity Act, Hazaribagh in connection with Giddi P.S. Case No.68 of 2011 corresponding to G.R. Case No.2873 of 2011 whereby and where under though the petitioner was not sent up for trial by the police after investigation of the case because of lack of evidence against the petitioner but charge-sheet was submitted against the co-accused persons and differing from the charge-sheet, the learned Additional Sessions Judge-II-cum-Special Judge, Electricity Act, Hazaribagh has taken cognizance against the petitioner as well.

Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner, in capacity of Director of M/s Maa Chhinnamastika Sponge Iron Limited has committed the offence of theft of electricity by the said company. Learned counsel for the petitioner draws the attention of this Court towards paragraph-11 of the counter-affidavit filed by the State and submits that therein it has categorically been mentioned by the Officer In-charge of Giddi Police Station, who has sworn the counter-affidavit has categorically stated therein that the petitioner resigned from the post of Director of M/s Maa Chhinnamastika Sponge Iron Limited on 28.09.2011 and the same was accepted by the Board of the said company on 07.10.2011, thus, on the date of the alleged occurrence i.e., on 21.10.2011, the petitioner was not the Director of the said company. It is next submitted that there is no allegation against the petitioner of being physically present at the time of the alleged occurrence nor is there any allegation against her of indulging in any act or omission in her personal capacity. It is then submitted that thus the learned Additional Sessions Judge-II-cum- Special Judge, Electricity Act, Hazaribagh has committed a grave illegality by taking cognizance of the offence in respect of the petitioner also and issuing summons to her. Hence, it is submitted that the prayer, as prayed for in the instant Cr.M.P., be allowed.

Learned Spl. P. P. appearing for the State fairly submits that during the investigation of the case it was found that on and from 07.10.2011, the petitioner ceased to be the Director of M/s Maa Chhinnamastika Sponge Iron Limited which is the accused company and the date of occurrence is 21.10.2011 so, she was not sent up for trial and there is no rhyme or reason mentioned by the learned Additional Sessions Judge-II-cum-Special Judge, Electricity Act, Hazaribagh as to why he differed with the charge-sheet submitted; ignoring the fact that the petitioner ceased to be the Director of the said accused company much before the date of the occurrence. Hence, it is submitted that the order passed by the learned Additional Sessions Judge-II-cum-Special Judge, Electricity Act, Hazaribagh is indefensible.

Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, it is pertinent to mention here that it is the admitted case of the prosecution that the petitioner ceased to be the Director of the accused company much before the date of occurrence i.e., on 21.10.2011 and during the investigation of the case, as the same came to light, hence, police did not submit charge-sheet against the petitioner. The perusal of the impugned order reveals that there is no any justification for the learned Additional Sessions Judge-II-cum-Special Judge, Electricity Act, Hazaribagh to differ from the charge-sheet when the undisputed fact remains that the petitioner was not the Director of the accused company and there is no allegation against the petitioner of committing any act or omission in her personal capacity involvingthe offence.

Under such circumstances, this Court has no hesitation in holding that the learned Additional Sessions Judge-II-cum-Special Judge, Electricity Act, Hazaribagh has committed a grave illegality by taking cognizance of the offence against the petitioner also and issuing summons to her. Accordingly, the entire criminal proceedings including the order dated 01.07.2024 passed by the learned Additional Sessions Judge-II-cum-Special Judge, Electricity Act, Hazaribagh in connection with Giddi P.S. Case No.68 of 2011 corresponding to G.R. Case No.2873 of 2011 so far as it relates to the petitioner only, is quashed and set aside qua the petitioner named above.

It is made clear that the entire criminal proceedings including the order dated 01.07.2024 passed by the learned Additional Sessions Judge-II-cum-Special Judge, Electricity Act, Hazaribagh in connection with Giddi P.S. Case No.68 of 2011 corresponding to G.R. Case No.2873 of 2011 so far as it relates to the remaining accused persons of the case, is maintained.

This Criminal Miscellaneous Petition stands allowed to the aforesaid extent only.

In view of disposal of the instant Criminal Miscellaneous Petition, the interim relief granted vide order dated 06.01.2025, is vacated.

Registry is directed to intimate the court concerned forthwith.