High Court quashes FIR lodged by Chief Judicial Magistrate for misusing CJM’s power

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 termed this act of CJM as unbecoming of a judge.

The High Court added, “CJM Banda virtually auctioned his chair, dignity, & position by making false, motivated, & purposive allegations in the FIR by misusing his powers as CJM Banda. He cannot be permitted to enjoy his position as CJM & behave & act as an ordinary litigant".

Allowing the writ petition filed by Manoj Kumar Gupta & 2 others, who are officials of the state electricity department, a division bench comprising of Justice Rahul Chaturvedi & Justice Mohd Azhar Husain Idrisi observed that CJM Banda Bhagwan Das Gupta levelled “wild & tailored” allegations of fraud, cheating, fabrication of documents, & extortion of money against the officials “to teach a bitter lesson” to them & to make them “understand the power & position of a CJM”.

In this backdrop, the Court directed that in future, if any Judicial Officer or Judge wants to become the first informant in his personal capacity in any FIR, he must take his concerned District Judge into confidence and, after having the assent from the District Judge only, he can become an informant of any FIR except in the matter of grave & severe nature like murder, suicide, rape or other sexual offences, dowry death & dacoity.

Besides this, while quashing the FIR, the HC directed the Registrar General of the High court to keep the copy of the judgment in the dossier/service record of Bhagwan Das Gupta, CJM, Banda.

The division bench made these observations while quashing the FIR against the state’s electricity department officials at Banda Kotwali Police Station.

As per the facts of the case, the CJM Bhagwan Das 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.

The CJM Gupta filed a complaint in August 2013 before the additional civil judge in Lucknow against the previous owner of the house, her husband, & several electricity department officials for fraud & other charges under various sections of IPC.

However, when no substantial case was found against the electricity department officials later, the case was dropped. Thereafter, CJM Gupta pursued his case before district consumer forum, Lucknow & the Electricity Ombudsman, but he lost his case everywhere.

The high court in its decision dated May 21 noted that when CJM Gupta failed to attain his objective at Lucknow, he decided to “cook up a fake story” & by “auctioning his chair & position as C.J.M., Banda,” he managed to lodge the FIR against the petitioners – electricity officials in Banda under section 420 (cheating) & other sections of IPC. The electricity department officials challenged the said FIR in the present petition. 

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