T GOPALA RAO Vs. STATE

JUDGEMENT

(1.) These three criminal revision petitions are filed questioning three orders dated 31.12.2009 passed by the Special Judge for C.B.I Cases, Visakhapatnam in Criminal M.P.Nos.540 of 2005, 830 of 2005 and 132 of 2009 in CC.No.15 of 2004, by which petitions filed by A-1 to A-3 under Section 239 Cr.P.C were dismissed refusing to discharge them.

(2.) The petitioners/A-1 to A-3 are accused of offences punishable under Sections 120-B, 416, 420, 468, 471 IPC, Section 13(2)/ 13(1)(d)(iii) of Prevention of Corruption Act, 1988 and Section 5(2)/5(1)(d) of the Prevention of Corruption Act, 1947 along with 12 others. A-1 was the then Chairman of Visakhapatnam Port Trust, Visakhapatnam. A-2 was the then Collector, Visakhapatnam District. A-3 was the then Joint Collector, Visakhapatnam District. A-2- and A-3 are serving All India Service Officers in Indian Administrative Service. A-1 was also in Indian Administrative Service and by the time charge sheet was filed by the Central Bureau of Investigation (CBI) in the lower court, he retired from service. Subject-matter of the criminal case is acquisition of land on the requisition of Visakhapatnam Port Trust, Visakhapatnam for construction of staff quarters therein. The acquired lands were Ac.15.00 in S.No.1/2 and Ac.18.39 cents in S.Nos.3/1,3/2 and 4 of Kancharapalem village lying within Visakhapatnam Municipal Corporation limits. Compensation was paid under the Land Acquisition Act to A-7 to A-12 at the rate of Rs.800/- per sq. yard for land in S.No.1/2 totalling Rs.5.80 crores and at the rate of Rs.900/- per sq. yard for lands in S.Nos.3/ 1, 3/2 and 4 totalling Rs.8.15 crores.

(3.) Trouble was ignited by one Gundu Appala Raju, President of Visakha Seva Sangham, Visakhapatnam by filing a Public Interest Litigation which was registered by this Court as Taken up W.P.No.4362 of 1998. By judgment dated 28.03.1997, Division Bench of this Court directed the Superintendent of Police, C.B.I, Visakhapatnam to register a case for offences disclosed in petition of President of Visakha Seva Sangham and reports of the Commissioner of Police, Visakhapatnam and the District Judge, Visakhapatnam and file its report under Section 173(2) Cr.P.C before the lower court. After registering the case, investigating into the same, the C.B.I filed charge sheet in the lower court against A-1 to A-15. A-6 died pending investigation.