Kamal Kishore vs State Of Jharkhand

I.A. No. 8792 of 2018

Heard learned counsel for the petitioner and learned counsel for the A.C.B.

This interlocutory application has been filed for condonation of delay of 131 days in filing revision application.

In view of the reasons stated in the application, delay of 131 days in filing the revision application is condoned.

Thus, I.A. No. 8792 of 2018 stands allowed.

Cr. Revision No. 391 of 2018

Heard learned counsel for the petitioner and learned counsel for the A.C.B.

It is submitted on behalf of the petitioner that instant criminal revision has been filed against the order dated 19th August, 2017 passed in Special Case No. 3 of 2013 (arising out of Ramgarh P.S. Case No. 106 of 2013) by which the Court below has dismissed the application for discharge filed under Section 239 of Cr.P.C.

The short fact of the case is that Block Development Officer, Ramgarh got information from the Sub-divisional Officer that some people in Khakhi uniform have apprehended a truck on National Highway-33 near Bijuliya bridge and putting driver of the truck in fear extracted money from them. On such information, he visited the place and found this petitioner and other co-accused persons were stopping the vehicles and demanding illegal amount by seizing several documents without any reasons. It is further submitted on behalf of the petitioner that earlier this petitioner has approached this Court in Cr. M.P. No. 2666 of 2013 and in Cr. Appeal No. 1495 of 2015. Learned counsel for the petitioner further submitted that the Court below without proper appreciation of the material fact rejected the application for discharge. It is further submitted that no truck owners have made any complaint with regard to demand of money and this petitioner being Enforcement Inspector, Department of Transport, Government of Jharkhand was authorised to check the vehicle with regard to over loading and violation of other rules relating to Motor Vehicle Act.

Learned counsel for the A.C.B. submitted that this petitioner misused his position by collecting illegal amount from the truck drivers/owners. This petitioner with the help of other private persons who were acting on his instruction collected illegal amount which he was not authorised to collect. He further submitted that on the earlier occasion this petitioner approached this Court for quashing entire criminal proceedings as well as order taking cognizance. This Court in Cr.M.P.No. 2666 of 2013 held as under:

"Having heard learned counsel appearing for the parties and on perusal of the record including the case diary, I may agree with the submission advanced on behalf of the State. It be stated that the petitioner had made out a case that whatever money was found in possession of either this petitioner or other persons who were along with the petitioner at the spot, those money had been collected as fine which the petitioner is empowered to levy. But at the same time, some circumstances which have been highlighted on behalf of the State such as some private persons being in police uniform assisting the petitioner and that document relating to the vehicles were seized without giving seizure list and that some of the money receipts though were signed but were unfilled and also the statement made by some of the persons in their affidavits, one can say that it is otherwise then the case made out by the petitioner showing culpability on the part of the petitioner.

Thus, the facts pleaded by the petitioner and the circumstances placed on behalf of the State can be thrashed out only during trial and under the circumstances, I do not find any illegality with the order taking cognizance. Hence, this application stands dismissed."

Therefore, the Court below after proper appreciation of the evidences collected against this petitioner has dismissed the petitioner's application for discharge.

Considering the above submission of the parties and on perusal of the papers attached with this application, it appears that this petitioner being Enforcement Inspector, Department of Transport, Government of Jharkhand was checking the trucks with the help of some other private persons and they were collecting money as fine which the petitioner was not empower under the law by employing some persons in police uniform for assisting this petitioner while checking documents of the commercial vehicles but showing culpability on the part of this petitioner. It further appears that Court below on careful consideration of the evidences collected against this petitioner came to the finding that there are prima-facie sufficient materials against this petitioner to frame charge.

Thus, finding no illegality or irregularity in the impugned order, instant application is dismissed.

Let a copy of this order be transmitted to the Court concerned.