BADRI NARAYAN SHARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) This criminal revision is directed against order dated 25.01.2017 passed by the Court of First Additional Sessions Judge, Mauganj, District Rewa in Sessions Trial No. 417/2015 whereby a charge under Section 420 read with Section 120-B of the I.P.C. was framed against petitioner Badri Narayan Sharma and charges under Sections 465, 468 and 420 of the I.P.C. was framed against co-accused persons Shyamwati and Santosh and under Section 471 of the I.P.C. against co-accused Devendra Kumar.

(2.) The facts giving rise to this criminal revision may briefly be stated thus: victim Anil Kumar Mishra filed a complaint with Commissioner, Rewa to the effect that he is owner of agricultural land Survey No. 70/2 admeasuring 0.50 acres, situated in Village Daruwa. Co-accused Shyam Kali was Sarpanch of the Village. Co-accused Santosh Kumar was Panchayat Secretary and co-accused Devendra Kumar was Patwari of concerned Halka. Petitioner/accused Badri Narayan Sharma filed an application with the Sarpanch for mutation of his name on Survey No. 70/2 admeasuring 0.50 acres. Acting on aforesaid application, co-accused persons Shyam Kali, Santosh Kumar and Devendra mutated the name of petitioner Badri Narayan Sharma on aforesaid land. Victim Anil Kumar Mishra had not transferred the land in favour of petitioner Bandri Narayan in any manner. Co-accused persons Shyam Kali, Santosh Kumar and Devendra Kumar had no jurisdiction to order mutation of revenue land, yet they conspired with Badri Narayan Sharma and mutated his name on aforesaid land. On the complaint filed before the Commissioner Rewa by victim Anil Kumar Mishra, an inquiry was conducted and charge-sheet against co-accused persons Shyam Kali, Santosh Kumar and Devendra Kumar under Sections 420, 465, 468, 471, 120-B and 201 read with Section 34 of the I.P.C. was filed.

(3.) By order dated 22.2016, the trial Court observed that the mutation was effected on an application made to the Sarpanch by present petitioner Badri Naryan Sharma. There were clear allegations that Badri Narayan Sharma, in collusion with co-accused Shyam Kali, Santosh Kumar and Devendra Kumar had got the land illegally mutated in his favour, yet no charge-sheet was filed by the police against present petitioner Badri Narayan Sharma. Even the application made to Sarpanch by petitioner Badri Narayan Sharma, on the basis of which the mutation was ordered, was not filed along with the charge-sheet. The trial Court summoned the investigating officer to explain this lapse; however, he failed to give any cogent explanation for the same. Consequently, placing reliance upon the judgment rendered by the Supreme Court in the case of Dharampal v. State of Haryana, Criminal Appeal No. 865 of 2004, decided on 18.07.2013 (SC)5, Judge Bench, the trial Court took cognizance of the offence against present petitioner Badri Narayan Sharma and issued an arrest warrant against him. After his appearance before the Court, a charge under Sections 420 and 120-B of the I.P.C. was framed against him by impugned order dated 25.1.2017.