Mamta Upadhyay Lal vs The State Of Jharkhand on 10 July, 2026

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    Jharkhand High Court

    Mamta Upadhyay Lal vs The State Of Jharkhand on 10 July, 2026

    Author: Anil Kumar Choudhary

    Bench: Anil Kumar Choudhary

                                                                            (2026:JHHC:21179)
    
    
    
    
              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          Cr. M. P. No. 3011 of 2023
    
               Mamta Upadhyay Lal, aged about 60 years, w/o Pradeep Michael Lal,
               resident of Flat No. 1207 - A, Tower 2, Panchsheel Wellington, Crossings
               Republik, PO & PS - Ghaziabad, Uttar Pradesh - 201016.
                                                                   ... ... ...Petitioner
                                                   Versus
               1. The State of Jharkhand.
               2. Rakesh Choubey, aged about ---- years, son of late Y.N. Choubey,
                     resident of Plot No. 2285, Bharat Ekta Co-operative Society, PO & PS -
                     Sector -12, Bokaro - 827012, Jharkhand.       ... ... ...Opp. Parties
                                                   ------
    
                 For the Petitioner          : Mr. Anil Kumar, Sr. Advocate
                                             : Ms. Chandana Kumari, Advocate
                                             : Mr. Prabhat Kumar, Advocate
                 For the State               : Mr. Pankaj Kumar, P.P.
                 For the O.P. No. 2          : Mr. Kamlesh Choubey, Advocate
                                             : Mr. Ram Badan Choubey, Advocate
                                                    ------
    
                                                PRESENT
                     HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
    
    By the Court:-      Heard the parties.
    
    

    2. This Criminal Miscellaneous Petition has been filed invoking the

    jurisdiction of this Court under Section 482 of the Cr.P.C. with the prayer to

    SPONSORED

    quash the entire criminal proceedings in connection with C.P. Case No. 1572

    of 2019 including the cognizance Order dated 19.04.2021 passed by learned

    Judicial Magistrate – 1st Class, Bokaro, by which the learned Judicial

    Magistrate – 1st Class, Bokaro, has found prima facie case for the offences

    punishable under Sections 120B, 166, 166A, 167, 175, 176, 177, 182, 193,

    195A, 196, 204, 406, 417, 420, 464, 465, 468, 469, 471, 500, 34 of the

    1 Cr.M.P. No.3011 of 2023
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    Indian Penal Code along with Section 9 of the Public Records Act, 1993

    inter alia against the petitioner.

    3. The brief fact of this case is that the complainant retired from the

    service of the Government of India in the Ministry of Labour on 30.11.2013.

    After retirement, the complainant settled down and has been living in

    Bokaro since 08th December, 2013. During his service in the year 2010, the

    complainant was posted as Regional Labour Commissioner, Central

    Government at Kanpur in the state of Uttar Pradesh. One of the Labour

    Inspector conducted an inspection of the Medical College and Hospital of

    ESIC and found violation of labour law and sought for approval of the

    complainant for issuing notice, the complainant granted the same. The

    Labour Inspector issued notice to the employer engaged in the said project

    of construction of medical college and hospital. The Secretary of Ministry of

    Labour, New Delhi, summoned the complainant to Delhi. At that time the

    accused no. 4 of the Protest -cum- Complaint Petition, namely, P.C.

    Chaturvedi was the secretary in Ministry of Labour. The said accused no. 4

    of the Protest-cum- Complaint Petition told the complainant to tell his staff

    to withdraw the notice issued or else the complainant will be ruined by the

    accused no. 4 and accused no. 4 also alleged that the complainant and his

    inspector, are thieves and mischievous persons. The complainant did not

    agree for withdrawal of the notice. After about 4 – 5 months, the accused no.

    6 of the Protest – cum – Complaint Petition, namely, Ravi Mathur who was

    the Additional Secretary, summoned the complainant to Delhi and again told

    the complainant to stop the proceeding, or else the complainant will be

    ruined but the complainant did not agree. In November, 2013 though the
    2 Cr.M.P. No.3011 of 2023
    (2026:JHHC:21179)

    complainant retired, but his entire retiral benefits were stopped because the

    accused no. 4 was unhappy with the complainant, and on the

    recommendation of the accused no. 4, the pension of the complainant was

    also stopped.

    4. Since the complainant reported regarding life-style of his sub-

    ordinate, namely, K.K. Mallick who was the Assistant Labour

    Commissioner, so, K.K. Mallick and others entered into a conspiracy against

    the complainant and prepared forged documents and complained against the

    complainant. But in the enquiry, nothing wrong was found. One V.B. Singh

    was supporting these conspirators who was the director in Delhi, in the

    department of the complainant’s employer. Later on, the complainant could

    know that the accused no. 4 was having personal interest in the said project

    of construction of medical college and hospital and to save himself, he got

    forged documents prepared by the co-accused persons and on the basis of

    the forged documents, implicated the complainant. For the benefit of

    accused no. 4, six thousand crores of the government money were wasted;

    for which CBI inquiry was going on vide three preliminary enquiries, the

    number of which has been mentioned in the statement of the complainant on

    solemn affirmation.

    5. Though there is a clear order of the C.V.C. (Central Vigilance

    Commission) that no action can be taken on the basis of allegation based on

    forged document but at the time of preparing the forged document against

    the complainant, a proposal was made by the accused persons of the case in

    which earlier Vigilance Clearance Certificate, Integrity Beyond Doubt

    Certificate and No Minor/Major Penalty Pending Certificate issued in favour
    3 Cr.M.P. No.3011 of 2023
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    of the complainant was suppressed and also by suppressing no action was

    proposed and contemplated or was pending against him and the accused

    persons wilfully and deliberately concealed and suppressed the facts and

    documents which were existing prior to the issuance of Vigilance Angle

    Certificate.

    6. In furtherance of the criminal conspiracy, the accused persons misused

    their power and prepared a wrong tabular statement without taking the

    concurrence of C.V.O. (Central Vigilance Officer) and it was also suppressed

    that there are four other enquiry reports in which the complaints against the

    complainant were found forged and erroneous. After preparing the proposal,

    the accused person of the case, sent the proposal unofficially to the petitioner

    and obtained vigilance angle certificate / order. Because of the forged and

    fabricated documents, the accused persons stopped payment of Rs.

    28,00,000/- and in this manner, the accused persons are committing financial

    harassment. Before retirement, all the clearance of the complainant has been

    made but even after that the money of this petitioner has been stopped. On

    the basis of the written report dated 13.12.2015 submitted by the

    complainant initially Bokaro Sector 12, P.S. Case No. 43 of 2015 was

    registered on 18.12.2015. Police took-up investigation of the case and after

    completion of the investigation, submitted Final Report on 31.08.2018

    showing the case to be a mistake of fact. Thereafter, the complainant filed

    Protest – cum – Complaint Petition which was registered as C.P. Case No.

    1572 of 2019 and on the basis of the Protest -cum – Complaint Petition, the

    statement of the complainant on solemn affirmation and the statement of one

    inquiry witness, the learned Judicial Magistrate – 1st Class, Bokaro, found
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    prima facie case as already been indicated above and ordered issuing

    summons inter-alia to the petitioner.

    7. It is submitted by the learned Senior Counsel for the petitioner that

    father of the Opposite Party No. 2 was the complainant and the Opposite

    Party No. 2 has been implicated in this case only because his father was the

    complainant and died before filing of this Cr.M.P.

    8. It is next submitted that the petitioner is an innocent and law-abiding

    person. The petitioner was posted as Director, Central Vigilance

    Commission since 2006 – 2013 and thereafter, she was reverted back to her

    parent department i.e., Indian Ordinance Factory Service. It is next

    submitted that the petitioner is a public servant and all the allegations made

    against her relate to discharge of her official function while working in the

    post of Director, Central Vigilance Commission. Hence, it is submitted that

    in this case, the sanction for prosecution under Section 197 of the Cr.P.C.

    was mandatory but since no sanction under Section 197 of the Cr.P.C. having

    been obtained, the cognizance order is not sustainable in law. In this respect,

    the learned Senior counsel for the petitioner relied upon the judgment of the

    Hon’ble Supreme Court of India in the case of G.C. Manju Raj & Others

    Vs. Seetaram reported in (2005) INSC 439, paragraph no. 36 of which reads

    as under:-

    “36. In light of the aforesaid judgments, the guiding principle governing
    the necessity of prior sanction stands well crystallised. The pivotal
    inquiry is whether the impugned act is reasonably connected to the
    discharge of official duty. If the act is wholly unconnected or manifestly
    devoid of any nexus to the official functions of the public servant, the
    requirement of sanction is obviated. Conversely, where there exists even a
    reasonable link between the act complained of and the official duties of the
    public servant, the protective umbrella of Section 197CrPC and Section
    170
    of the Police Act is attracted. In such cases, prior sanction assumes

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    (2026:JHHC:21179)

    the character of a sine qua non, regardless of whether the public servant
    exceeded the scope of authority or acted improperly while discharging his
    duty.” (Emphasis supplied)

    9. Learned Senior Counsel for the petitioner also relies upon the

    judgment of the Hon’ble Supreme Court of India in the case of Suneeti

    Toteja Vs. State of Uttar Pradesh & Another reported in (2005) Supreme

    SC 397, paragraph no. 29 of which reads as under:-

    “29. As per the aforementioned proposition, it is only to be seen if the
    accused public servant was acting in the performance of his/her official
    duties, and if the answer is in the affirmative, then prior sanction for their
    prosecution is a condition precedent to the cognizance of the cases against
    them by the courts. It is therefore largely a disputed question of fact here
    and not a question of law. However, this fact of appellant herein acting in
    her official capacity is not seriously contested by the respondents herein.
    In the instant case, the appellant had filed the counter affidavit and
    interacted with the complainant in her capacity of a Presiding Officer,
    ICC. The correctness of the allegations with regard to the conduct of the
    appellant need not be ascertained herein by this Court but the fact that
    she was acting in her official duty is sufficient to hold that a prior
    sanction from the department was in fact necessary before the Magistrate
    taking cognizance against her. The Magistrate therefore erred in
    proceeding to take cognizance against the appellant without the sanction
    for prosecution being received from BIS, and since BIS has eventually
    refused to grant sanction for the prosecution of the appellant, the
    prosecution against the appellant could not have been sustained.”

    (Emphasis supplied)

    10. It is next submitted by the learned Senior Counsel for the petitioner

    that since the petitioner was admittedly exercising her official duties in good

    faith while working as Director, Central Vigilance Commission, in the light

    of Section 15 of the Central Vigilance Commission Act, 2003, there is a

    specific bar that no suit, prosecution or other legal proceedings shall lie

    against the Commission, the Central Vigilance Commissioner or any

    Vigilance Commissioner, the Secretary or any staff of the commission in

    respect of anything which is done in good faith or intended to be done under

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    (2026:JHHC:21179)

    the Act. Section 16 of the Central Vigilance Commission Act, 2003,

    categorically states that every staff of the commission shall be deemed to be

    a public servant within the meaning of Section 21 of the Indian Penal Code.

    Hence, it is submitted that this prosecution of the petitioner and the

    cognizance order is in violation of Section 15 of the Central Vigilance

    Commission Act, 2003. It is next submitted that on the basis of the

    complaint and an enquiry against the complainant with respect to his

    misconduct was conducted by the concerned ministry i.e., the Ministry of

    Labour and Employment and, thereafter, a reference was made to the Chief

    Vigilance Officer with the approval of the Competent Authorities in the said

    ministry to the Central Vigilance Commissioner in May, 2012 proposing

    initiation of major disciplinary proceeding against the complainant. As per

    the extant procedure, a draft charge-sheet / memorandum of charges along

    with relevant annexures, were enclosed therewith. The said reference was

    examined by the petitioner and she submitted the same on 30.05.2012 to the

    concerned higher authority of the commission. Thereafter, the reference was

    examined and approved by the Additional Secretary concerned and

    Vigilance Commissioner concerned as per the extant procedure. Finally the

    approval of the Central Vigilance Commissioner was accorded on

    04.06.2012 and after approval of the Central Vigilance Commissioner as per

    extant procedure, the petitioner in exercise of her official duty, issued letter

    dated 05.06.2012 to the Ministry of Labour and Employment, observing

    therein that after examining the reference of Ministry Of Labour And

    Employment, the Commission in agreement with the Ministry Of Labour

    And Employment would advise initiation of major disciplinary proceedings
    7 Cr.M.P. No.3011 of 2023
    (2026:JHHC:21179)

    against the complainant. Subsequently, the memorandum of charges was

    issued along with statement of Article of Charges and Statement of

    Imputation of Misconduct or Misbehaviour against the complainant in the

    year 2012 by the Ministry of Labour and Employment. While the

    departmental proceeding against the complainant was pending, the

    complainant superannuated from service. It is next submitted that even if the

    allegations made against the petitioner are considered to be true in their

    entirety, none of the offence in respect of which the learned Judicial

    Magistrate – 1st Class, Bokaro, has found prima facie case inter alia against

    the petitioner is made out against the petitioner. As there has been no

    agreement or meeting of minds with the co-accused persons whatsoever

    involving the petitioner, for the purpose of commission of any alleged illegal

    act by illegal means nor the petitioner has disobeyed any law or direction

    thereunder, even if the entire allegations are considered to be true, still the

    offence of criminal conspiracy is not made of against the petitioner. Further,

    the petitioner has not indulged in any defamation whatsoever. It is next

    submitted that in the absence of any material on record to suggest that at any

    point of time, the petitioner has intentionally fabricated or given any false

    evidence or that the petitioner has threatened any person to give false

    evidence or the petitioner has corruptly used or attempted to use as true any

    evidence which he knew to be false and fabricated; as such, no offence

    punishable under Section 193, 195A, 196 of the Indian Penal Code is made

    out against the petitioner. It is then submitted that Section 204 of the Indian

    Penal Code deals with destruction of document to prevent its production as

    evidence and from the entire materials which has been collected either
    8 Cr.M.P. No.3011 of 2023
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    during the course of investigation or as mentioned in Protest – Cum –

    Complaint Petition or evidence of the enquiry witnesses, does not show that

    at any point of time the petitioner has destroyed any document, so offence is

    also not made out.

    11. It is next submitted that there is no whisper whatsoever in the F.I.R.

    with respect to loss of monetary amount of Rs. 28,00,000/- and all of sudden

    the same has come up for the first time in the complaint petition. But there

    is no allegation against the petitioner of entrustment of any money or

    inducing anyone to part with any money and because of absence of such

    essential ingredient, the offence punishable under Section 406, 417, 420 of

    the Indian Penal Code, is not made out.

    12. It is next submitted that there is no allegation against the petitioner of

    committing forgery of any specific document or creating any false document

    and in the absence of the same, the offences punishable under Section 465,

    468, 469, 474, 471 are not made out and Section 464 is not a penal provision

    of law rather it defines what a false document is.

    13. It is next submitted by the learned Senior Counsel for the petitioner

    that in order to constitute the offence of cheating, the accused must have

    intention to cheat right at the inception but it is the admitted case even of the

    complainant that the petitioner has only acted in discharge of her official

    duties only after the reference of initiating major penalty was made to the

    Central Vigilance Commission by the employer the Department of the

    complainant and in view of such facts of the case the question of the

    petitioner playing deception since the beginning does not arise. It is further

    submitted that otherwise also, the offence of cheating as provided under
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    (2026:JHHC:21179)

    Sections 417 and 420 of the Indian Penal Code is not made out. It is next

    submitted that all the acts or omissions took place at New Delhi and none of

    any act allegedly committed by the petitioner or anyone else has taken place

    at Bokaro, so, the Court at Bokaro, has no territorial jurisdiction to take

    cognizance of offences no part of which ever took place in any part of

    Bokaro. Hence, it is submitted that the prayer as prayed by the petitioner in

    this Cr.M.P., be allowed.

    14. Learned P.P. and the learned counsel for the Opposite Party No. 2 on

    the other hand vehemently opposes the prayer and it is submitted by the

    learned counsel for the Opposite Party No. 2 that the accused persons by

    colourable exercise of their power entered into the conspiracy and framed

    and manufactured file noting and documents and forwarded the same in

    order to achieve their goal. It is next submitted that the petitioner has

    deliberately ignored the instructions and guidelines of C.V.C.

    15. It is next submitted that the wrong noting of the file resulted in

    stoppage of retiral benefits to the complainant and the same amounts to

    criminal conspiracy. It is next submitted that sanction for prosecution under

    Section 197 of the Cr.P.C., is not required for the offences in respect of

    which the learned Magistrate has found prima facie case. It is next submitted

    that when the public servant is alleged to have committed the offence of

    fabrication of record or misappropriation of public fund, it cannot be said

    that such public servant has acted in discharge of his official duties. It is next

    submitted that all the offences in respect of which the learned Judicial

    Magistrate has found prima facie case are in-fact being made out, if the

    allegations made against the petitioner are considered to be true in their
    10 Cr.M.P. No.3011 of 2023
    (2026:JHHC:21179)

    entirety. It is next submitted that in exercise of power of this Court under

    Section 482 of the Cr.P.C., this Court cannot embark upon as enquiry as to

    the reliability of genuineness of the allegations. It is next submitted that the

    petitioner cannot claim good faith because of conscious violation of C.V.C.

    circular and mandatory Tabular format of 2008. It is next submitted that

    taking action on complaint without C.V.C. concurrence; when the C.V.O.

    recommendation is missing, constitute a direct violation of mandatory

    administrative law. Hence, the same amounts to disobeyance of law, with

    intent to cause injury to a person, which is punishable under Section 166 of

    the Indian Penal Code. It is next submitted that the “nod” given by the

    petitioner was not an isolated administrative error but a link in a chain of

    conspiracy and the Vigilance Commissioner though specifically posed a

    query to the petitioner about the business angles, but instead of answering,

    the petitioner gave the “nod” for major Penalty proceedings, vide letter dated

    05.06.2012. It is next submitted that the conspiracy must be inferred from

    the conduct of the party because direct evidence is rarely available in case of

    conspiracy. It is next submitted that the act of the petitioner of bypassing the

    mandatory tabular format of 2008 as well as non-availability of the C.V.O.

    recommendation proves the meeting of minds of the petitioner with the

    disgruntled co-accused persons, to trap the complainant. It is next submitted

    that the act of the petitioner in processing a file built on a fabricated

    document and manufactured note-sheets by endorsing a fraudulent file in

    which the proceedings are initiated without reasonable or probable cause and

    with malicious intent as genuine for the purpose of Rule – 14 enquiry

    amounts to commission of an offence. It is next submitted that the petitioner
    11 Cr.M.P. No.3011 of 2023
    (2026:JHHC:21179)

    facilitated the cheating of the government exchequer and caused injury to the

    officer- who is the original complainant and by opening a gate for fake

    complaint, the petitioner is the primary enabler of the offence. Hence, it is

    submitted that since all the offences in respect of which prima facie case has

    been found by the learned Judicial Magistrate has in fact been made out,

    hence, this Cr.M.P. being without any merit, be dismissed.

    16. Having heard the rival submissions made at the bar and after going

    through the materials on record, it is pertinent to mention here that the

    ingredients of the offence punishable under Section 166 of the Indian Penal

    Code are as under:-

    (i). The accused is a public servant.

    (ii). He disobeyed any express direction of law and he
    disobeyed it knowing and he knew or intended that it cause
    injury or likely to cause injury to others.

    17. Now coming to the facts of the case, the allegation against the

    petitioner is that a reference of Ministry of Labour and Employment seeking

    first stage advise of the Central Vigilance Commission for initiating major

    penalty proceedings against the complainant, who was the then Regional

    Labour Commissioner, was received in the Central Vigilance Commission.

    The petitioner as Director, gave the note that eight different charges which

    were levelled against the complainant, as shown in para no. 2 of the said

    notes, goes to show that the misconduct attributed to the complainant does

    not appear to have any dishonest overturn and under such circumstances,

    disciplinary action against the complainant could have been initiated by the

    Ministry without referring the matter to the commission for its advice. The

    said note of the petitioner was then placed before the Additional Secretary in

    12 Cr.M.P. No.3011 of 2023
    (2026:JHHC:21179)

    the Central Vigilance Commission and he has expressed the view that the

    charges levelled against the complainant herein, at serial no. – III, V and

    VIII contained vigilance aspects, and approved the note. The matter was

    then placed before the next higher officer in the hierarchy being Vigilance

    Commissioner and he approved the proposal of the learned Additional

    Secretary but additionally he has mentioned what is ‘Vigilance Angle’,

    “Mamta” (meaning thereby the petitioner herein) is not clear on this and put

    a question mark but ultimately the Central Vigilance Commissioner has

    approved the said note and after the approval of the Central Vigilance

    Commissioner, the petitioner in capacity of Director, has intimated the

    Ministry of Labour And Employment that after examining the reference of

    Ministry of Labour And Enforcement, the commission in agreement with

    Ministry of Labour And Employment, advised initiation of Major Penalty

    Proceeding against the complainant.

    18. Under such circumstances, this Court is of the considered view that

    when the note of the petitioner was approved by three other superior

    officers, it cannot be a case of disobeying any express direction of law and

    that too knowingly; which are the two essential ingredients to constitute the

    offence punishable under Section 166 of the Indian Penal Code. Therefore,

    this Court is of the considered view that even if the entire allegations made

    against the petitioner are considered to be true, still the same is insufficient

    to constitute the offence punishable under Section 166 of the Indian Penal

    Code.

    19. Now coming to the next offence in respect of which prima facie case

    has been found by the learned Judicial Magistrate being offence punishable
    13 Cr.M.P. No.3011 of 2023
    (2026:JHHC:21179)

    under Section 166A of the Indian Penal Code is concerned, Section 166A

    has three different links, which has been contained in three different clauses

    (a) – (c). So far as the Clause -(a) of Section 166A is concerned, the essential

    ingredients are:-

    (i). The accused is a public servant.

    (ii). He disobeyed any express direction of law.

    (iii). He did it knowingly.

    (iv). The direction of law prohibiting the public officer from requiring
    the attendance at any place of any person for the purpose of
    investigation into an offence or any other matter.

    20. The essential ingredients of Clause -b, are:-

    (i). The accused is a public servant.

    (ii). He disobeyed any direction of the law.

    (iii). He did it willingly to the prejudice to any person.

    (iv). The direction of law in this regard, regulates the manner in which
    the said public servant shall conduct investigation.

    21. So far as it relates to Clause – (c), the essential ingredients are:-

    (i). The accused is a public servant.

    (ii). He failed to record any information given to him under Section
    154(1)
    of the Cr.P.C. in relation to offences mentioned in Clause (c).

    22. Now in this case Clause – (c) is ruled out and so far as Clause – (a)

    and (b) of Section 166A is concerned, as this Court has already held that

    even if the allegations made against the petitioner are considered to be true,

    they do not amount to disobeying any express direction of law or disobeying

    it knowingly, hence, in the considered opinion of this Court, the offence

    punishable under Section 166 A is not made out.

    23. So far as the offence punishable Section 167 of the Indian Penal Code

    is concerned, the essential ingredients to constitute the said offence are as

    under:-

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    (2026:JHHC:21179)

    (i). The accused was a public servant.

    (ii). The accused was given charge for preparation or translation of
    any document or electronic record.

    (iii). He framed or prepared or translated documents or electronic
    record incorrectly.

    (iv). He did it knowingly.

    (v). He did it knowingly that it would cause injury to others.

    Now coming to the facts of the case, since there is no allegation

    against the petitioner that the petitioner was given the charge for preparation

    or translation of any document or electronic record, this Court has no

    hesitation in holding that even if the entire allegation made against the

    petitioner are considered to be true in their entirety, still the offence

    punishable under Section 167 of the Indian Penal Code is not made out.

    24. So far as the offence punishable under Section 175 of the Indian Penal

    Code is concerned, the essential ingredients to constitute the said offence are

    as under:-

    (i). The accused legally was bound to produce the documents or
    electronic records that was summoned by the public servant.

    (ii). Accused intentionally omitted to produce the same.

    Now coming to the facts of the case, there is absolutely no allegation

    against the petitioner that the petitioner was ever summoned to produce any

    document or electronic record by any public servant. In absence of the same,

    this Court has no hesitation in holding that even if the entire allegation made

    against the petitioner are considered to be true in their entirety, still the

    offence punishable under Section 175 of the Indian Penal Code is not made

    out against the petitioner.

    15 Cr.M.P. No.3011 of 2023

    (2026:JHHC:21179)

    25. So far as the offence punishable under Section 176 of the Indian Penal

    Code is concerned, the essential ingredients to constitute the said offence are

    as under:-

    (i). The accused is legally bound to furnish information to any public
    servant.

    (ii). The accused has the required information with him.

    (iii). He intentionally omitted to given such notice or information.

    (iv). Such notice or information was required for the purpose of
    preventing commission of an offence or in order to the apprehension
    of an offender.

    Now coming to the facts of this case, there is absolutely no allegation

    against the petitioner that the petitioner omitted to give notice or information

    which she was legally bound to give and in absence of the same, this Court

    has no hesitation in holding that even if the entire allegations made against

    the petitioner are considered to be true in their entirety, still the offence

    punishable under Section 176 of the Indian Penal Code is not made out

    against the petitioner.

    26. So far as the offence punishable under Section 177 of the Indian Penal

    Code is concerned, the essential ingredients to constitute the said offence are

    as under:-

    (i). The accused is legally bound to furnish the information to a public
    servant on a particular subject.

    (ii). The accused furnished information which to his knowledge or
    belief was false.

    (iii). Such information was required to prevent the commission of
    offence or apprehend the offender.

    Now coming to the fact of this case, there is no allegation that the

    petitioner was legally bound to furnish such information to any public

    servant on a particular subject and submitted a false information. In absence

    16 Cr.M.P. No.3011 of 2023
    (2026:JHHC:21179)

    of the same, the offence punishable under Section 177 of the Indian Penal

    Code is not made out against the petitioner.

    27. So far as the offence punishable under Section 182 of the Indian Penal

    Code is concerned, the essential ingredients to constitute the said offence are

    as under:-

    (i). The accused gave some information to a public servant.

    (ii). Such information was false.

    (iii). The accused knew or had reason to believe that such information
    was false.

    (iv). He did so intentionally to cause public servant to act upon such
    information which the public servant would not have acted upon to the
    injury or annoyance of any person.

    Now coming to the fact of this case, there is no allegation that the

    accused gave any information to any public servant which was false. In

    absence of the essential ingredients for the offence punishable under Section

    182 of the Indian Penal Code, this Court has no hesitation in holding that

    even if the allegations made against the petitioner are considered to be true

    in their entirety, still the offence punishable under Section 182 of the Indian

    Penal Code is not made out against the petitioner.

    28. So far as the offence punishable 193 of the Indian Penal Code is

    concerned, the essential ingredients to constitute the said offence are as

    under:-

    (i). The accused was legally bound to state the truth either by on oath
    or an express provision of law.

    (ii). The accused made the declaration in question.

    (iii). Such declaration or statement was made in any stage of judicial
    proceeding.

    (iv). The statement or declaration so made was false.

    (v). The accused knew it to be false or believed it to be false or did not
    believe to be true.

    (vi). The accused made such false statement intentionally.

    17 Cr.M.P. No.3011 of 2023

    (2026:JHHC:21179)

    Now coming to the fact of the case, there is no allegation against the

    petitioner that the petitioner was legally bound to state the truth either by

    oath or an express provision of law or that she made a declaration of

    statement in any stage of judicial proceedings. In absence of the same, this

    Court has not hesitation in holding that the offence punishable under Section

    193 of the Indian Penal Code is not made out, even if the entire allegations

    made against the petitioner are considered to be true in their entirety.

    29. So far as the offence punishable under Section 195A is concerned, the

    essential ingredients of the same are that

    (i) The accused threatened another person with any injury to his person,

    reputation or property either himself or to any person in which he is

    interested; and

    (ii) The same was done with an intent to cause that person to give false

    evidence.

    Now coming to the fact of the case, there is no allegation against the

    petitioner that the petitioner ever threatened anyone to give any false

    information. Hence, even if the entire allegations made against the petitioner

    are considered to be true, still the offence punishable under Section 195A of

    the Indian Penal Code, is not made out against the petitioner.

    30. So far as the offence punishable under Section under Section 196 of

    the Indian Penal Code is concerned, the essential ingredients of the same are

    as under:-

    (i). The accused corruptly uses or attempted to use as true or genuine
    any evidence.

    (ii). Any evidence which he knows to be false or fabricated.

    18 Cr.M.P. No.3011 of 2023

    (2026:JHHC:21179)

    Now coming to the fact of the case, there is no allegation against the

    petitioner that the petitioner used as true or genuine evidence or any

    evidence which she knew to be false or fabricated, and in absence of the

    same, the offence punishable under Section 196 of the Indian Penal Code is

    not made out against the petitioner.

    31. So far as the offence punishable under Section 204 of the India Penal

    Code is concerned, the essential ingredients to constitute the said offences

    are as under:-

    (i). The accused secreted or destroyed the documents or electronic
    record or obliterated or rendered illegible the whole or any part of
    such document or record.

    (ii). The accused was legally bound to produce the same as evidence
    in a court of justice or in any proceeding lawfully held before a public
    servant.

    (iii). The accused did so because he has been lawfully summoned or
    required to produce the same for the said purpose.

    Now coming to the fact of the case, there is absolutely no allegation

    against the petitioner of having secreted or destroyed the document or

    electronic record or obliterated or rendered illegible the whole or any part of

    such document or record and in absence of these essential ingredients to

    constitute the offence punishable under Section 204 of the Indian Penal

    Code, this Court is of the considered view that even if the entire allegations

    made against the petitioner are considered to be true in their entirety, still the

    offence punishable under Section 204 of the Indian Penal Code is not made

    out against the petitioner.

    32. So far as the offence punishable under Section 406 of the Indian Penal

    Code is concerned, the essential ingredients to constitute the said offence are

    as under:-

    19 Cr.M.P. No.3011 of 2023

    (2026:JHHC:21179)

    (i). There must be an entrustment and

    (ii). there must be misappropriation or conversion to one’s own use or
    use in violation of legal direction or any legal contract.

    As has been reiterated by the Hon’ble Supreme Court of India in the

    case of Ram Narayan Popli Vs. CBI reported in (2003) 3 SCC 641.

    Now coming to the fact of the case, there is absolutely no allegation

    of any entrustment against the petitioner or dishonest misappropriation

    entrusted property. In absence of the same, this Court is of the considered

    view that even if the entire allegations made against the petitioner are

    considered to be true, the offence punishable under Section 406 of the Indian

    Penal Code is not made out against the petitioner.

    33. So far as the offences punishable under Sections 417 and 420 of the

    Indian Penal Code are concerned, the essential ingredients to constitute the

    said offence of cheating are as under:-

    (i). The accused voluntarily or dishonestly induced the complainant.

    (ii). He did so for delivery of wrong property either to the accused or
    some other person.

    (iii). He intentionally induced the complainant to do a thing which he
    would not do or omit to do the thing which he would do if he were not
    so deceived and such act or omission should be one which caused or
    was likely to cause damage or harm to his body, mind, reputation or
    property.

    Now coming to the fact of the case, there is absolutely no allegation

    against the petitioner of deceiving the complainant. On the other hand even

    there is no allegation that the complainant ever came across the petitioner

    face to face or had any occasion to interact with the complainant in any

    manner nor there is any allegation against the petitioner of inducing the

    complainant to deliver any property to anyone.

    20 Cr.M.P. No.3011 of 2023

    (2026:JHHC:21179)

    Under such circumstances, this Court is of the considered view that

    even if the entire allegations made against the petitioner are considered to be

    true, still neither the offence punishable under section 417 nor the offence

    punishable under section 420 of the Indian Penal Code is made out against

    the petitioner.

    34. So far as Section 464 of the Indian Penal Code is concerned, the same

    is not a penal provision of law rather the same defines how a false document

    is made. Hence, certainly the learned Judicial Magistrate has committed a

    grave error in taking the cognizance of a section of law which is not a penal

    provision of law.

    35. So far as the offences punishable under Sections 465, 468, 469, 470

    and 471 of the Indian Penal Code, are concerned, all of them require forgery

    to be the essential ingredients and for forgery the essential ingredients are:-

    (i). The accused prepared a false document or electronic record.

    (ii). He did it with the false meaning of written instrument for the
    purpose of fraud or deceit.

    (iii). The document or electronic record were prepared dishonestly or
    fraudulently.

    (iv). He did it with the intention of causing wrongful gain to someone
    and wrongful loss to another.

    36. Now coming to the facts of this case, there is absolutely no allegation

    against the petitioner is that the petitioner prepared any false document or

    electronic record. In absence of the same, none of the offence punishable

    under Section 465, 468, 469, 470 and 471 of the Indian Penal Code is made

    out against the petitioner. A submission was made by the Opposite Party No.

    2 that though individually the petitioner has not committed the said offence,

    but in criminal conspiracy with the co-accused person and in furtherance of

    21 Cr.M.P. No.3011 of 2023
    (2026:JHHC:21179)

    the common intention with the co-accused person, she has committed such

    offence.

    37. Now coming to the criminal conspiracy angle, the punishment for

    which has been provided under Section 120B of the Indian Penal Code, is

    concerned, the essential ingredients are: –

    (i). An agreement between two or more persons to
    commit an offence.

    (ii). In doing so, the accused either did or caused to be
    done.

    (a). An illegal act or

    (b). An act which is not in itself illegal but by
    illegal means.

    (iii). Such an act done or caused to be done was an
    offence punishable under the Indian Penal Code.

    (iv). If the act so done was not an offence than an overt
    act had been done by one or more of the parties to such
    agreement in pursuance thereof.

    38. Now coming to the facts of the case, there is no allegation that the co-

    accused persons who were claimed to be the subordinates of the complainant

    in his place of posting, had ever came in contact with the petitioner before

    preparing a proposal based on forged documents. In absence of such

    allegations of rest of the accused persons ever coming in contact with the

    petitioner at the time or prior to creation of alleged false document by co-

    accused persons certainly Section 120B or Section 34 of the Indian Penal

    Code, cannot be pressed into service to implicate the petitioner for the

    alleged acts of the co-accused persons; in the facts of the case. So, this Court

    is of the considered view that the petitioner, cannot be implicated in the

    offences punishable under Section 465, 468, 469, 470 and 471 of the Indian

    Penal Code even with the aid of Section 120B or Section 34 of the Act.

    22 Cr.M.P. No.3011 of 2023

    (2026:JHHC:21179)

    39. So far as the offence punishable under Section 500 of the Indian Penal

    Code is concerned, the essential ingredients to constitute the said offence are

    as under:-

    (i). The accused made or published any imputation
    concerning any person.

    (ii). Such imputation was made by words either spoken or
    written with intent to be read or by signs or by visible
    representation.

    (iii). Such imputation must have been made with intent to
    harm or with knowledge or believe that it will harm the
    reputation of person concerned.

    as has been reiterated by the Hon’ble Supreme Court of India

    in the case of John Thomas Vs. K. Jagadeesan reported in

    (2001) 6 SCC 30.

    Now coming to the facts of this case, there is absolutely no allegation

    against the petitioner of making or publishing any imputation concerning the

    complainant rather the imputations were made by the Ministry of Labour

    and Employment.

    40. Under such circumstances, this Court is of the considered view that

    even if the entire allegations made against the petitioner, are considered to

    be true, still the offence punishable under Section 500 of the Indian Penal

    Code is not made out.

    41. So far as the offence punishable under Section 9 of the Public Records

    Act, 1993 is concerned, the same provides for penalty for the contravention

    of the provisions of Section 4 and 8 of the said Act. Section 4 prohibits any

    person from taking or cause to be taken out of India, any public records

    without prior approval of the Central Government.

    23 Cr.M.P. No.3011 of 2023

    (2026:JHHC:21179)

    Now there is no allegation against the petitioner of taking or cause to

    be taken out of India any of the public records, so the question of violation

    of Section 4 does not arise.

    42. Section 8 of the Public Records Act, 1993 prohibits destruction of

    Public Record otherwise than the manner and subject to such conditions as

    prescribed by the said act.

    Now coming to the facts of the case, there is absolutely no allegation

    against the petitioner of destroying or disposal of any public record and in

    absence of the same, it cannot be said that there is violation of Section 8 of

    the Public Records Act and in absence of any allegations or contravention of

    either Section 4 or Section 8 of the Public Records Act, 1993, this Court is

    of the considered view that even if the entire allegations made against the

    petitioner are considered to be true in their entirety, still the offence

    punishable under Section 9 of the Public Records Act, 1993 is not made out.

    43. So far as the contention of the learned Sr. Counsel for the petitioner

    regarding the sanction for prosecution of the petitioner under Section 197 of

    the Cr.P.C., is concerned, no doubt, it is a settled principle of law as has been

    discussed above that if there exists a reasonable link between the act

    complained of and the official duties of the public servant, the protective

    umbrella under Section 197 of the Cr.P.C., is attracted.

    44. Now coming to the fact of this case, from the allegations made against

    the petitioner, this Court has no doubt that the petitioner committed the

    alleged act in exercise of her official duties as a public servant, so, it is a fit

    case where the protective umbrella under Section 197 of the Cr.P.C. is

    attracted and the cognizance having been taken by the learned Magistrate
    24 Cr.M.P. No.3011 of 2023
    (2026:JHHC:21179)

    without the sanction for prosecution as envisaged under Section 197 of the

    Cr.P.C. on this score also, the cognizance of offence, is bad in law.

    45. Now coming to the submissions of the learned Sr. counsel for the

    petitioner regarding Section 15 of the Central Vigilance Commission Act,

    2003 is concerned, which reads as under:-

    (i). The same prohibits and in prosecution or legal
    proceeding inter alia against any staff of the
    commission in respect of anything which is done in
    good faith or intended to be done under the Act.

    46. Certainly, the petitioner acted in discharge of her duties as the

    Director, Central Vigilance Commission and apparently under good faith so

    the act of the learned Magistrate of taking cognizance of the offences against

    the petitioner for the act done in good faith by overlooking the provisions of

    Section 15 of the Central Vigilance Commission Act, 2003 also renders the

    cognizance order, not sustainable in law.

    47. So far as the last submission of learned Sr. Counsel for the petitioner

    that the Courts at Bokaro has no territorial jurisdiction, is concerned,

    certainly all the acts alleged has been committed by the petitioner at New

    Delhi. Even the criminal conspiracy or the alleged furtherance of the

    common intention with the co-accused person was not done in Bokaro. So,

    under such circumstances, this Court is also of the considered view that the

    learned Judicial Magistrate at Bokaro, lacks territorial jurisdiction to take

    cognizance of the offence, as not even a portion of the alleged offences has

    taken place within the territorial jurisdiction of the learned Judicial

    Magistrate – 1st Class, Bokaro, so, on this score also, the cognizance is bad

    in law.

    25 Cr.M.P. No.3011 of 2023

    (2026:JHHC:21179)

    48. In view of the discussions made above, since the learned Judicial

    Magistrate -1st Class, Bokaro, has committed grave illegality in finding

    prima facie case for the offence as already mentioned above in the foregoing

    paragraphs of the judgment against the petitioner and has issued summons to

    her, so, this Court is of the considered view that the continuation of criminal

    proceeding against the petitioner will amount to an abuse of the process of

    law. Therefore, this is a fit case where the entire criminal proceedings in

    connection with C.P. Case No. 1572 of 2019 including the cognizance Order

    dated 19.04.2021 passed by learned Judicial Magistrate, Borako, by which

    the learned Judicial Magistrate – 1st Class, Bokaro, has found prima facie

    case for the offence punishable under Sections 120B, 166, 166A, 167, 175,

    176, 177, 182, 193, 195A, 196, 204, 406, 417, 420, 464, 465, 468, 469, 471,

    500, 34 of the Indian Penal Code along with Section 9 of the Public Records

    Act, 1993 inter alia against the petitioner, be quashed and set aside against

    the petitioner.

    49. Accordingly, the entire criminal proceedings in connection with C.P.

    Case No. 1572 of 2019 including the cognizance Order dated 19.04.2021

    passed by learned Judicial Magistrate, Borako, by which the learned Judicial

    Magistrate – 1st Class, Bokaro, has found prima facie case for the offence

    punishable under Sections 120B, 166, 166A, 167, 175, 176, 177, 182, 193,

    195A, 196, 204, 406, 417, 420, 464, 465, 468, 469, 471, 500, 34 of the

    Indian Penal Code along with Section 9 of the Public Records Act, 1993

    inter alia against the petitioner, is quashed and set aside against the

    petitioner.

    50. In the result, this Cr.M.P. is allowed to the aforesaid extent only.
    26 Cr.M.P. No.3011 of 2023

    (2026:JHHC:21179)

    51. In view of disposal of this Cr.M.P., interim order, if any, is vacated.

    52. Registry is directed to inform the Court concerned forthwith.

    (Anil Kumar Choudhary, J.)
    High Court of Jharkhand, Ranchi
    Dated the 10th July, 2026
    AFR/ Aditi
    Uploaded On – 22/07/2026

    27 Cr.M.P. No.3011 of 2023



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