RAM VILAS YADAV Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) BY way of this Criminal Miscellaneous Application, the prayer has been advanced to quash the proceedings of Criminal Case No. 696/2005, State v. Ram Vilas and Ors., under Section 420, 466, 471, 120B Indian Penal Code pertaining to PS Barkot, District Uttarkashi, pending in the Court of Judicial Magistrate, Uttarkashi.

(2.) HAVING heard the learned Counsel for the applicant and the learned Brief Holder for the State, it transpires that the accused applicant Ram Vilas Yadav was posted as Sub Divisional Magistrate for some of the period during the decade between 1990 to 2000. He remained posted so in Tehsil Barkot of District Uttarkashi and during his tenure of almost two years, it is alleged that with the collusion of his Reader and concerning Clerk, the applicant purportedly got instituted several false and fabricated mutation/declaratory proceedings under Section 229B of the U.P. Zamindari Abolition and Land Reforms Act, and as a result thereof, he passed the orders of mutation in respect of the innumerable large pieces of land, which were either in possession of some of these persons (on whose behalf these false cases were purportedly instituted) or otherwise. Virtually, these proceedings were never actually conducted in the court, and straightaway the orders were passed by the Sub Divisional Magistrate. The concerning Clerk was bound to follow his orders and he, accordingly, executed the directions of the SDM passed in those false cases and registered the names of such persons in the relevant revenue records.

(3.) THE matter was investigated and it appears that Final Report was proposed to be submitted thrice, but on the suggestions made by the Prosecuting/Senior Prosecuting Officer of the State to make further investigation on the points indicated by him, chargesheet was filed against the SDM Ram Vilas Yadav (applicant) and Ravi Lal Sah, Clerk concerned upon enquiry on the fourth occasion.