P. GOVINDAN Vs. STATE

JUDGEMENT

(1.) A 4 is the petitioner herein. The present petition is filed to quash the proceedings in CC.No. 285 of 1998 on the file of the Judicial Magistrate, Krishnagiri.

(2.) THE petitioner, while employed as Maintenance Firka Surveyor during 1994 to 1997, was implicated as one of the accused in FIR in Cr.No. 1 of 1997 registered for the offences under sections 466, 120(B), 379 IPC and section 4(1) and 21 of the Mines and Minerals (Regulation and Development) Act 1957. The FIR was registered originally against one Rajalakshmi Enterprises and three public officials, one among whom is the petitioner herein, on the basis of the complaint given by the then District Collector, Dharmapuri. The allegations raised in the complaint are that M/s. Rajalakshmi Enterprises having its registered office at Chennai, had been granted a quarrying lease for paradise granite in respect of particular survey number over a specified area at Nagojanahalli for 10 years and the quarry lease was to be expired on 09.06.2005. Whereas, the markings of the leased out area in FMB sketches have been changed and excess area of about 1.96 acres have been added, after the lease deed was signed and registered and that preliminary enquiry revealed that the Government staff have tampered the Government records to benefit the lessee firm Tvl.Rajalakshmi Enterprises, through act of criminal conspiracy. The FIR was investigated into and charge sheet was filed on 28.8.1998 against 10 accused for various offences in the same line.

(3.) AS far as the present petitioner is concerned, the allegations raised against him are that he entered into criminal conspiracy with A1 to A3 and he collected the FMB sketch appended to the lease deed by cheating the Government official, who was in custody of the document and altered the same so as to include an extent of 1.96 acres of Government Poramboke land for enabling A1 and A2 to carry out illicit quarrying operation in the same.