"He auctioned his chair, dignity:" Allahabad High Court slams judge for filing bogus case

The Allahabad High Court recently came down heavily against a Chief Judicial Magistrate (CJM) at Banda for misusing his position to file a false criminal case against officials of the State Electricity Department [Manoj Kumar Gupta and Others v. State of Uttar Pradesh and Others]..Justices Rahul Chaturvedi and Azhar Husain Idrisi found that the criminal complaint filed by CJM Bhagwan Das Gupta was utter falsehood, which levelled wild and tailored allegations of fraud, cheating, fabrication and extortion against the government officials.The Court observed that the case was filed only to teach the government servants a "bitter lesson" so that they may understand the power and position of a CJM."These government servants 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 added while quashing the case against the officials. The Court further remarked that CJM Gupta had virtually auctioned his chair, honour and reputation when he went out of his way to exert threats on the government officers to compel them to serve his own personal and financial interests..The Court also spoke of the high standards of behaviour expected from judges. The Court concluded that CJM Gupta's conduct fell short of the such high standards and was unbecoming of a judge. "A judicial officer ... just to harass the petitioners who in discharging of their official duties were doing a government job entrusted to them, is proceeding to initiate a criminal case, so that the petitioners may kneel down before him and start dancing on his tune," the Court said..The case further led the High Court to issue directions to ensure that there is no misuse of power if judicial officers wish to file criminal cases in their personal capacity. In this regard, the High Court ordered that in future, if any judicial officer wishes to become the complainant in his personal capacity in a first information report (FIR), s/he must first inform the concerned District Judge. The Court made it clear that it is only after receiving assent from the District Judge that the judicial officer may become an informant in any FIR, except in cases of a grave nature such as cases involving allegations of murder, suicide, rape or other sexual offences, dowry death, dacoity, etc. .By way of background, CJM Gupta is said to have purchased a residential property in Lucknow in 2009.In 2013, CJM Gupta requested the electricity department to convert the earlier electricity account to his name. In response, the Sub-Divisional Officer of the local energy sub-station notified Gupta that there was an unpaid bill of ₹1,66,916 on the said electricity connection.Shocked, CJM Gupta filed a complaint citing offences under Sections 420, 464, 467, 468, 504, 506 of the Indian Penal Code, 1860 (IPC). The complaint was filed against the earlier house owner, her husband and the officials of electricity department. The officials argued that they had nothing to do with the dispute between CJM Gupta and the earlier owner and that they had only raised a demand to pay outstanding sums. For having a new electricity connection, the CJM has to pay the earlier dues first, the officials said.A trial court in Lucknow later summoned the accused but no substantive case was found against the officials. Subsequently, the case was dropped against them.After the case was dropped against the officials, CJM Gupta filed an unsuccessful consumer complaint. He also failed to secure any remedy from the Electricity Ombudsman. He then lodged a first information report (FIR) in his personal capacity against the electricity department officials in 2023. The government officers filed a petition before the High Court urging it to quash this case. .The High Court opined that the FIR contained cooked-up allegations that were levelled since the CJM had failed to succeed in earlier legal actions initiated against the officials. "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. Now by twisting their arms, Shri Bhagwan Das Gupta, C.J.M. (Respondent no.4) wants to kneel down these petitioners before him so that the petitioners should ignore the outstanding bill accrued over the previous electricity connection and order new electricity connection on his residential premises owned by him," the Court added..The Court also expressed its shock over the fact that the CJM could stoop down to such levels that he started conniving with a sub-inspector in Banda to get a false FIR lodged. In this regard, reference was also made to certain WhatsApp chats between CJM Gupta and the sub-inspector..The Court went on to note that a Special Investigation Team (SIT) had concluded that no crime was committed by the electricity department officials. "Report from S.I.T., as mentioned above, have completely exposed the conduct of Dr. Bhagwan Das Gupta, C.J.M. and his level of functioning. If at all Dr. Bhagwan Das Gupta, C.J.M. is so keen and adamant to book the petitioners, then he must quit his office and the chair and thereafter contest the case like an ordinary litigant," the Court added. The Court concluded that the present FIR against the government officers was initiated with ill-intent and quashed the same. The Court also directed the Registrar General to maintain a copy of this judgment in CJM Gupta's service record..Advocate Mukesh Kumar Singh appeared for the petitioners (electricity department officials).Advocate Baleshwar Chaturvedi assisted the Court as an amicus curiae.Government Advocate Avinash Mani Tripathi represented the State while advocate Anwar Hussain appeared for CJM Gupta..[Read Judgment]