STATE OF BIHAR Vs. MOHAMMAD KHALIQUE

JUDGEMENT

(1.) Leave granted.

(2.) In this appeal by special leave the appellants have assailed the judgment dated December 9, 1999 of the High Court of Judicature at Patna passed in CRWJC No. 243 of 1996. By the impugned judgment, the High Court quashed the investigation of a case, which was registered under Sections 419, 467, 420 and Section 120B of the Indian Penal Code. The first information report was filed against eight accused out of which six were Revenue Officers and two were private persons. Two private persons filed a writ petition before the High Court and the High Court by the impugned order quashed the entire investigation ignoring the fact that there were six government officials.

(3.) Briefly stated the facts are as follows:- The Jamindari of ex-intermediary viz. Raghu Mahto vested in the State Government in terms of the provisions of the Bihar Land Reforms Act, 1955. It was alleged that the Government had to submit official assessment of the asset, which was made without proper jurisdiction by the six officers of the Government in collusion with the respondents with the mala fide intention of their vested interest. Documents were forged while preparing the annual income of the ex-intermediary. On these allegations the FIR was lodged in the police station. The High Court quashed the investigation inter alia holding that there was no specific allegation and overt act alleged against the writ petitioners except that in collusion with the officials of the department the excess amount was withdrawn. According to the High Court no excess amount was paid in view of the earlier judgment of the High Court in a writ petition.