MOHD. DASTGIR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Being aggrieved by the registration of FIR No.18/2013 by the Police Station Lundra, District Ambikapur for offence under Ss. 420, 467, 468, 471, 120-B of the IPC, the petitioner has preferred the present petition.

(2.) Prosecution case is that one Nirmal Tigga, Upper Collector, had sent a memo for registration of FIR, through Shiv Prasad Singh, AG-II, (Reader), on the basis of which, the FIR was registered on 27/2/2013 against Pannelal (Patwari), Rajendra Prasad (Assistant Settlement Officer), Ravindra Kumar Sharma, Ramashray Singh (Patwari) and Prashant Tiwari (Patwari), alleging that in village Riri, PH No.11, Tehsil Lundra, land bearing Khasra No.138/18 to 138/50, total Khasra No.33, ad measuring 283.137 hectare land, is a Government land and the accused persons, who are revenue officers, in connivance with others between 26/10/1998 and 7/12/99, converted the said Government/forest land into private land and recorded the names of different villagers in the revenue records and thereafter, the villagers had given power of attorney. So, the FIR has been registered for the said offence.

(3.) Petitioner's contention is that his name as well as the names of other accused persons has been inserted during investigation, though investigation relates to the year 2013, investigation is till being carried out, which itself shows that there is no material against the petitioner. Further on the basis of memorandum of co-accused persons, the petitioner has been falsely implicated by the police authorities and no loss has been caused to the State exchequer, as the land is still in the name of Government recorded as Chhote Jhad Ka Jungle. The petitioner is neither beneficiary nor his name was recorded in the revenue records. The petitioner has also been released on anticipatory bail vide order dtd. 27/9/2018 passed in MCRCA No.1063/2018. Hence this petition has been filed.