PATNA, India, July 17 -- Patna High Court issued the following judgment on July 10:

Heard learned Senior Counsel for the petitioner and learned APP for the State.

2. In this case, the petitioner has challenged the order dated 16.11.2019 passed by the learned A.D.J., Banka, in Banka P.S. Case No.173 of 2020, by which the learned Judge has dismissed the discharge petition dated 18.03.2017 filed by the petitioner.

3. As per the F.I.R. on 15.05.2010 while the informant-Harshavardhan Das, the then Assistant in the office of the S.D.O., Banka, was coming to his office from the chambers of the S.D.O., the petitioner and one Ranjan Kumar Bhagat hurled caste based abuses on him for not carrying out their work and thereafter the petitioner told him that since he is the standing counsel, the S.D.O. or the C.J.M. will not harm him in any manner.

4. Based on the aforesaid written report, Banka P.S. Case No.173 of 2010 was registered under sections 353, 504, 506/34 of the Indian Penal Code and under section 3(x) of the S.C./S.T. Act. against the petitioner and one Ranjan Kumar Bhagat.

5. It has been submitted by learned Senior Counsel for the petitioner that the petitioner is innocent and has falsely been implicated in this case. The F.I.R. has been lodged by the informant out of malice and malafide intention to harass/demoralize the petitioner and destroy the goodwill also. He has further submitted that the petitioner is a practicing advocate of this Court and he resides at Patna.

6. It has also been submitted by learned Senior Counsel for the petitioner that the genesis of the case is that Ranjan Kumar alias Ranjan Kumar Bhagat (co-accused) is the client of the petitioner and has made a written complaint before the C.J.M., Banka against the informant stating therein that the informant is involved in corruption as he is demanding money for providing him certain information relating to a proceeding under section 107 Cr.P.C. and has made request to the learned C.J.M. Banka, to take action against the informant. Since the coaccused pursued the aforesaid complaint against the informant before multiple authorities, the District Magistrate, Banka entrusted the enquiry to the Additional Collector, Banka and thereafter the co-accused received a notice from the office of the D.C.L.R. asking him to appear on 22.01.2010 to submit his stand. Subsequently, the statements of the petitioner, co-accused and the informant were recorded. Thereafter, the present F.I.R. has been lodged by the informant in retaliation to the complaint lodged by the co-accused, who is the client of the petitioner as informant was aware of the fact that the allegation of demand of money in the shape of bribe against him would be found proved during the enquiry conducted against him before the Additional Collector, Banka.



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