ZAMEER HASAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant and learned AGA for the State.

(2.) This application under section 482 Cr.P.C. has been filed for quashing of the proceeding of Special Criminal Case No. 5 of 1993 (State vs. Zamir Hasan) arising out of Case Crime No. 50 of 1990, under sections 8/12 of Prevention of Corruption Act, PS Civil Lines, district Etawah pending in the court of Sessions Judge, Etawah.

(3.) It has been contended that the applicant is the licence partner of M/s Hindustan Arms and Ammunition Store, Katra Sewakali, Kanpur Road, Etawah. He is the co-tenure holder in possession of certain land, which was sought to be acquired by Awas Vikas Parishad, Etawah for the purposes of construction of residential house. These acquisition proceedings were challenged by writ petition and later on, a Special Leave Petition filed before the Apex Court was filed, in which directions were issued to the parties to maintain status quo. In spite of the aforesaid order, the Junior Engineer while entering into a criminal conspiracy forged the documents showing delivery of aforesaid property in favour of Awas Vikas Parishad showing possession to have been delivered on 17.11.1988. The said possession certificate was forged. A criminal offence under sections 218, 420, 463, 471, 468 IPC was committed by Special Land Acquisition Officer, Etawah and other co-accused persons for which the cousin brother of the applicant Mazharul Hasan lodged a criminal complaint case No. 580 of 1989 in the Court of Chief Judicial Magistrate, Etawah, in which pairvi was done by the applicant. In the complaint case, the accused persons were summoned vide order dated 17.05.1989. One K.K. Sinha was posted as District Magistrate, Etawah, and as soon as he took over as District Magistrate, he started harassing the applicant because the applicant was doing pairvi in the Criminal Complaint Case No. 580 of 1989. Shri K.K. Sinha forced the applicant to withdraw his case against A.C. Sinha, who was the close associate of K.K. Sinha. The applicant refused to withdraw the case. The applicant's firm was granted quota of 315 bore rifle cartridges in 2000 in nuber, which was increased to 10,000 under the orders of District Magistrate passed on 27.08.1988, which was further extended upto 50,000 vide order dated 31.05.1989. The firm of the applicant further got other items, various arms and cartridges, which had been extended from time to time. The applicant' firm placed an order of purchase of 50,000 cartridges and submitted a draft of receiving order. The ammunition factory demanded "No Objection Certificate" from the District Magistrate in respect of purchase of 50,000 cartridges, which was issued. This No Objection Certificate was furnished to the ammunition factory and 50,000 rifle cartridges were delivered to the applicant some times in December, 1989. The entry of these cartridges was made in the relevant register after which selling of the cartridges began. 25000 cartridges were sold but on the basis of certain news in the local newspaper, the District Magistrate initiated inquiry in respect of 50,000 cartridges. The City Magistrate visited the applicant's firm. The shop was found closed due to which City Magistrate sealed the channel gate of the work shop. The representative of the applicant's firm requested the locks to be opened for which orders of the District Magistrate were required. The applicant met the District Magistrate to do the needful, who got the shop verified and stock was found up to the mark, but the applicant's firm was restrained from selling cartridges. Initially the applicant's firm was a proprietorship firm and the applicant's father was the sole proprietor, who was subsequently converted into a partnership firm. The applicant and his son became the partners. Some amount of sale tax was also due upon the applicant's firm for which time was sought by the applicant. On 14.2.1990 till 4.00 PM, the applicant remained at the sale tax office for this work. After leaving the office of sale tax the applicant went to the District Magistrate seeking permission of sale of 10,000/- cartridges. The said application was not received by the Arm Licence clerk and the officer Incharge Arms, who directed the applicant to appear before the District Magistrate. The applicant presented the application to the District Magistrate, who was sitting in his chamber of his residence. At that point of time, the District Magistrate asked the applicant to withdraw his case, he also hurled abuses at the applicant, called his orderly and concocted the whole story. It has further been contended that the SDM, Shri N.K. Singh was shown to be witness of the incident, but he is not examined by the Investigating Officer. The licence of the applicant was never suspended or cancelled, but the firm was restrained from selling cartridges. Against this order Civil Misc. Writ Petition 9231 of 1990 was preferred, in which interim order was passed. The land which was said to have been acquired by the Awas Vikas was the land in respect of which proceedings under section 145 Cr.P.C. were initiated. Again a Criminal Revision No. 1238 of 1990 was preferred, in which the proceedings of the lower court were stayed.