Chairman Nagar Palika Basti and Anr. vs Veer Nayak Singh & Anr.

I.M.Quddusi, J.—The applicants by means of the present petition under Section 482, Cr. P.C. have prayed for the quashing of the criminal

complaint dated 681997 under Sections 166 and 268, IPC in case No. 1997 of 1997 State through Veer Nayak Singh v. Adhyaksh Nagar Palika

Basti and others as also the order dated 681997 passed by the Chief Judicial Magistrate, Basti summoning the accusedapplicants.

The brief facts of the case, as disclosed in the affidavit filed in support of the application, are that the applicants are the Chairman and the

Executive Officers of Nagar Palika, Basti. The opposite party No. 1 who is posted as 1st Additional Civil Judge (Junior Division) at Basti filed a

complaint under Sections 166 and 268, IPC against the applicants as also the Executive Engineer, Jal Nigam, Basti, inter alia, on the allegations

that the complainant is a Judicial Officer posted as Magistrate 1st Class in Basti and healongwith other Judicial Officers of Basti reside in Ladies

Club Colony and water tax is being deducted every month from their pay at source and under the law the accusedapplicants are enshrined with the

responsibility of providing adequate drinking water to persons who are paying house tax and water tax but for the fast 15 days not a single drop of

water is being provided which is besides causing grave hardship to the family members of the complainant and other Judicial Officers residing in the

colony is also on hindrance in the performance of their judicial duty and causing loss to the litigant public. It was further alleged that the

accusedapplicants are thus guilty of an offence punishable under Sections 166 and 268, IPC and they may be summoned and punished in

accordance with law.

The quashing of the complaint as well as the summoning order is being sought, inter alia, on the ground that no offence is disclosed from a bare

reading of the complaint; that the applicant is the Chairman of the Nagar Palika, Basti and she is not a public servant as she has been elected by

public and the summoning order is bad because neither the statement under Section 200, Cr. P.C. has been recorded of the complainant nor his

witnesses under Section 202, Cr. P.C. and in the facts and circumstances of the case the criminal proceedings against the applicants are abuse of

the process of the Court.

I have heard the learned Counsel for the applicant as well as the learned Additional Government Advocate and have also gone through the

complaint as well as the order of the learned Chief Judicial Magistrate.

It goes without saying that the Judicial Officers are not servants in (sic) of employment. They are not employees, as members of judiciary they

exercise the sovereign judicial powers of the State. They are holders of public offices in the same way as the Members of the Council of Minister

and the Members of the Legislature.Under the Constitution the Judiciary is above the administrative executive. It also goes without saying that the

Judicial Officers are posted by the High Court to discharge judicial functions but if they are not provided bare necessities of life such as drinking

water, this Court with pains feels as to how they would be able to discharge their sovereign judicial powers. By failure of the accusedapplicants to

discharge their statutory functions, the interest of the litigant public is suffering and it would be an interference in the administration of justice which

amounts to contempt of Court.It is expected from every civic bodies including the accusedapplicants that they would discharge their statutory

duties diligently and honestly.

However, without expressing any opinion on the merits of the case, it is provided that since the impugned order is exparte summoning order, the

remedy of the applicants lie before the Magistrate concerned. Hence it is provided that in case the applicants move an application before the

concerned Magistrate to the effect that no case is made out against them, within one month from today, taking all such pleas which are legally

available to them, the same shall be considered and disposed of by a reasoned order expeditiously by the Magistrate and till the disposal of that

application, further proceedings in the case shall remain stayed except those which are necessary for the disposal of the application. The applicants

shall not be required to appear in person and shall be permitted to appear through Counsel, till such disposal.

The present petition is finally disposed of with the aforesaid observations.