The High Court
Case Details
1 Cr.M.P. No. 1338 of 2018 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 1338 of 2018 Khadamat Integrated Solutions Pvt. Ltd, Mumbai through its Authorized Signatory Shri Navin Shetty … Petitioner -Versus- The State of Jharkhand 1. 2. Md. Asif ----- … Opposite Parties
Legal Reasoning
CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioner ----- : Mr. Ajay Kumar Sah, Advocate Mr. Rishav Kumar, Advocate For the State For O.P. No.2 : Mr. Rajesh Kumar, A.P.P. : Mr. Haider Ali, Advocate ----- 05/07.02.2024 Heard Mr. Ajay Kumar Sah, learned counsel for the petitioner, Mr. Rajesh Kumar, learned counsel for the State and Mr. Haider Ali, learned counsel for opposite party no.2. 2. This petition has been filed for quashing of the entire criminal proceeding arising out of C/1 Case No.1296 of 2017 including the order taking cognizance dated 31.05.2017, pending in the Court of the learned Judicial Magistrate, 1st Class, Jamshedpur. 3. The complaint case was filed alleging therein that the complainant was selected as Security Officer by Kuwait United Steel Company, Kuwait. The authority concerned and the aforesaid company has issued Visa to the complainant which was valid upto 11.06.2017. The authority of the aforesaid company directed to be made medical test by Khadamat Integrated Solution Pvt. Ltd., Mumbai (petitioner). It was further alleged that the complainant deposited Rs.12,000/- bearing invoice dated 24.04.2017. The doctor of the petitioner-company has made confit the complainant on the score of Filariosis Igg Positive. The complainant met with the doctor of grant Government Medical College of Sir J.J. Group of 2 Cr.M.P. No. 1338 of 2018 Hospital, Mumbai where the petitioner was tested and he was declared totally fit. The complainant also met with the doctor of M.G.M. Medical College and Hospital, Jamshedpur where he was also declared fit. The complainant also met with the doctor of Nationed X-ray Computerized Patho Lab, Madhuban Tower, Mango, Jamshedpur, where he was tested and also declared fit. The doctor of SRL, Walk-In, Jamshedpur has tested the complainant and declared him totally fit. After report of the authority, Khadamat, the complainant was checked by the doctor of the grant Government Medical College of Sir J.J. Group of Hospital, Mumbai and the complainant was again declared totally fit. It was also alleged that the complainant again went to the office of Khadamat and produced the report, thereafter, the authority demanded Rs.50,000/- for making fit, complainant refused to give the aforesaid demand consequently, the authority concerned insulted and misbehaved and ousted the complainant from his office. 4. Mr. Sah, learned counsel for the petitioner submits that for not allowing the complainant to join in the company of Kuwait by the petitioner- company, the present case has been registered by the complainant. He further submits that prior to lodging of the complaint petition, the complainant through his Advocate, had served a legal notice to the petitioner dated 04.05.2017 narrating therein that the complainant was selected as Security Officer by Kuwait United Steel Company at Kuwait and also the company had issued Visa in favour of the complainant, which was valid upto 11.06.2017 and the complainant was further directed for medical test. He also submits that in the said notice it was mentioned that the doctor had declared the complainant unfit on the score of Filariosis Igg Positive. In the said notice, it was further disclosed that the Government 3 Cr.M.P. No. 1338 of 2018 Medical College, Mumbai and M.G.M. Medical College, Jamshedpur had declared the petitioner totally fit and requested the petitioner to make the complainant fit, otherwise the complainant will take legal action. He submits that the said notice was replied by the petitioner-company, wherein, it was stated that the petitioner-company has got approval from Kuwait Government (Ministry of Health) to conduct the screening pertaining to the medical fitness and health of the person, who are intending to go to Kuwait, as expatriates or those persons who are visiting sheikdom of Kuwait from the Republic of India. He submits that in this background, the petitioner has also filed discharge petition dated 17.07.2017 under Section 245(2) Cr.P.C. He further submits that the petitioner-company had also filed a petition under Section 305 Cr.P.C. and one person was appointed to appear on behalf of the petitioner-company. He submits that there is no mens rea involved in the matter and in spite of that, the learned Court has been pleased to take cognizance against the petitioner-company under Section 418 and 504 of the Indian Penal Code. He also submits that the entire cause of action is beyond the territorial jurisdiction of the Civil Court at Jamshedpur and, therefore, the Court has not jurisdiction to entertain such application and in view of that, the order taking cognizance itself is bad in law. 5. Mr. Ali, learned counsel for opposite party no.2 submits that the case is made out and on the false pretext of declaring unfit, the complainant was not appointed and in view of that, the learned Court has been pleased to rightly take cognizance against the petitioner-company. 6. Mr. Kumar, learned counsel for the State submits that on the complaint petition, the learned Court has been pleased to take cognizance. 4 Cr.M.P. No. 1338 of 2018 7. It is an admitted position that the petitioner was offered appointment in one of the organization in Kuwait, however, the petitioner-company was required to give fitness certificate and the fitness report was issued by the petitioner-company, wherein, it was stated that the complainant is unfit on the score of Filariosis Igg Positive. However, the complainant has disputed the said report on the basis of other medical reports. In view of that if there is any dispute with regard to medical report and the complainant is seeking appointment, only if the case is made out i.e. civil in nature and for that, criminal colour has been provided. In this background, it cannot be said that from very inception the malafide intention was there by the petitioner- company and in view of that Section 418 of the Indian Penal Code is not attracted. 8. Further, Section 504 of the Indian Penal Code speaks of intentional insult with intent to provoke breach of the peace. Looking into the nature of allegation made in the complaint, there is no question of provoke breach of peace. In view of that, Section 504 of the Indian Penal Code is not attracted. 9. Further, if any development is there before the learned Court and if the High Court comes to a conclusion that to allow the proceeding to continue will abuse of process of law, at any stage the case can be entertained in light of the judgment passed by the Hon'ble Supreme Court in the case of Joseph Salvaraj A v. State Of Gujarat & others, reported in (2011) 7 SCC 59. 10.
Decision
In view of the above facts, reasons and analysis, to allow to continue the proceeding will amount to abuse of process of law. In view of that, the entire criminal proceeding arising out of C/1 Case No.1296 of 2017 including the order taking cognizance dated 31.05.2017, pending in the Court of the 5 Cr.M.P. No. 1338 of 2018 learned Judicial Magistrate, 1st Class, Jamshedpur are quashed. 11. Accordingly, this petition is allowed and disposed of. Ajay/ (Sanjay Kumar Dwivedi, J.)