S L KARN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner, leanred counsel for the opposite party no.2 and learned counsel for the State.

(2.) The petition seeks quashing of order of cognizance dated 25.7.2003 by which the petitioners who are officers of different grades of the Bharat Sanchar Nigam Ltd. and are alleged to have committed the offence under sections 500 and 504 of the Indian Penal Code for which they have been summoned by the impugned order passed by the learned Chief Judicial Magistrate, Samastipur in Complainnt Case No. 111/03. The complainant and his family members were holding the telephone connections as indicated in the petition of complainant at page 3 and claims to have paid up all the bills which were served upon them regarding the use of the three telephones. It is alleged that after 18.6.2002 the complainant and his family members could not receive any bill in respect of their telephones and they filed different petitions before different authorities and some of the complaints against the department was published in newspapers also but that could not persuade the petitioners to mend their ways of discharging their duties. Lastly, when the complainant went to the office of the petitioners to make enquiries and also to inform them about the legal notice which had been served upon them, they told him that the advocates and courts could not do any harm to the petitioners and that the complainant should simply pick up his bills and get lost from the office of the petitioners. The complainant was also branded a cheat and dishonest fellow. Besides, he was told by the petitioners that they used to sit with the Chief Minister and that the complainant was merely the Pramukh of the Block.

(3.) After holding the usual enquiry under sec. 202 Cr.P.C. the learned Chief Judicial Magistrate passed the impugned order.