The Allahabad High Court has strongly criticized a Chief Judicial Magistrate (CJM) from Banda, accusing him of exploiting his authority to file a baseless criminal case against officials of the State Electricity Department. Justices Rahul Chaturvedi and Azhar Husain Idrisi determined that CJM Bhagwan Das Gupta’s complaint was a fabrication, filled with exaggerated claims of fraud, cheating, and extortion.
The High Court noted that the CJM’s actions were an attempt to intimidate the government officials who had not acted in his favor. The court found that the CJM had effectively compromised his integrity and reputation by threatening the officials to fulfill his personal and financial demands.
The judgment underscored the high ethical standards expected of judicial officers, emphasizing that CJM Gupta’s conduct was a clear deviation from these standards. The court remarked that Gupta’s actions were not only a misuse of power but also a direct attempt to harass and subdue the petitioners for performing their official duties.
In light of this incident, the High Court issued directives to prevent similar abuses of power. It mandated that any judicial officer wishing to file a criminal case in their personal capacity must first seek approval from the District Judge. Exceptions to this rule would only be made for grave cases such as murder, suicide, rape, or other severe offenses.
Background details reveal that the conflict began when CJM Gupta purchased a property in Lucknow in 2009. In 2013, he requested the electricity department to transfer the existing electricity account to his name, only to be informed of an outstanding bill of ₹1,66,916. Instead of settling the dues, Gupta filed a criminal complaint against the former homeowner and the electricity officials.
Despite the officials’ argument that they were merely demanding payment of the outstanding bill, the case escalated, eventually leading to its dismissal by a trial court in Lucknow. Undeterred, Gupta pursued further legal actions, all of which failed, culminating in the false FIR filed in 2023.
The High Court was appalled to find evidence, including WhatsApp messages, indicating that CJM Gupta had colluded with a local sub-inspector to lodge the false FIR. An investigation by a Special Investigation Team (SIT) confirmed the innocence of the electricity department officials, further exposing Gupta’s misconduct.
The court concluded by quashing the FIR and directed the Registrar General to record this judgment in CJM Gupta’s service record, ensuring a lasting note of his abuse of power.
