SALIM SIKANDER EKKA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) As common question of law and facts are involved in both miscellaneous criminal petitions, they heard analogously and are being disposed of by this common order.

(2.) The petitioners have preferred this petition under Sec. 482 of the Code of Criminal Procedure, 1973 (henceforth 'CrPC' assailing the order dtd. 1/10/2022 passed by Judicial Magistrate, First Class, Dabra District Janjgir Champa (C.G.) in un-registered Case/2022 whereby the application under Sec. 156(3) of the Cr.P.C. filed by respondent No. 2/Income Tax Department has been allowed and directed the concerned SHO to register the FIR under Sec. 154 of the Cr.P.C. against the petitioners and to investigate the matter in accordance with law. Learned Judicial Magistrate First Class while issuing the direction for investigation has observed that as per the judgment of Hon'ble Supreme Court in the case of Lalita Kumari vs. State of U.P. 2014 (2) SCC 1, if any cognizable offence is intimated to the police then registration of crime is mandatory. It has also been recorded that as per judgment of Hon'ble Supreme Court in the case of Sakri Basu the magistrate has ample power for issuing direction for registration of FIR as per provisions of Sec. 156(3) CrPC and can also issue direction for investigation thus, learned Judicial Magistrate taking cognizance of the offence and has allowed the application under Sec. 156(3) CrPC and directed the in-charge police Station to register the Crime number and after investigation final report be submitted.

(3.) The brief facts as reflected from the record are that Income Tax Department submitted a written complaint to the Station House Incharge Police Station Dabhara, District Janjgir Champa on 29/11/2021 mainly contending that a search and seizure was conducted under Sec. 132 of the Income Tax Act 1961 on 22/7/2021 in the Dainik Bhaskar Group, which is one of the entities covered under search operation in M/s. D.B. Power Limited. It has also been contended that D.B. Power Limited is setting up of Power Plant Projects of 1200 MW at village Badadhara, Tehsl Dabhara District Janjgir Champa and for establishment of a plant DB Power Limited has purchased/acquired lands from Tribals/Farmers. The details of the land would reveal that 545 acrers of land were purchased under lease hold and 655 acres of land were purchased under free hold. The details of the land further clarified that 444 acres of land has been acquired under Sec. 4 of the Land Acquisition Act, 1894. It has also been contended that 444 acres of land can be acquired either directly after obtaining permission from District Collector, as it is a tribal land or through CSIDC by paying money to CSIDC who in turn can pay money to the land owners and 101 acres of lands were acquired by them is Government lands. It has also been contended that during search it has also been revealed that Salim Sikandar Ekka had purchased 65.61 acres of lands in his name during the period from 2010 to 2014 and in 2019 for a consideration of Rs.6,40,47,768.00, out of the total land acquired by the Salim Sikandar Ekka 65.61 acres, DB Power Ltd. has purchased/acquired the lands of 57.38 acres through CSIDC and Collector permission for a consideration of Rs.8,23,96,786.00 and Salim Ekka has registered 8.24 acres of land on his name which is yet to be transferred back to DB Power. It has also been contended that 57.38 acres of land was originally purchased by Salim Sikandar Ekka for consideration of Rs.4,99,73,657.00. It has been contended that M/s. DB Power Ltd and associates have received back the enhanced compensation for the land transfer paid to Shri Salim Ekka which he used to purchase land from Adivasis/Tribals/villagers at a lower price at the first hand. Thus, the provisons of law have been circumvented by using Mr. Salim Ekka as a front. Since the sellers of the land include vulunerable Sec. of society, it is seen that the company/its promoters/ officials, have violated various Sec. of the IPC which include Sec. 120-B, 415,418, 420 IPC. It is further contended that on the complaint of Income Tax Department, SHO carried out the investigation against the petitioners and on 27/4/2022 submitted a closure report. Being dissatisfied with the closure report submitted by the Police, the respondent No.2/Income Tax Department filed the complaint under Sec. 156(3) before the Judicial Magistrate First Class- Dhabra which was allowed and directed the concerned SHO for registration of FIR. Being aggrieved against the order dtd. 1/10/2022, this instant petitions have been filed under Sec. 482 of the CrPC for quashing of order dtd. 1/10/2022.