NARASINGHA JENA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner in this application under Section 482 Cr.P.C. has challenged the order passed by the learned S.D.J.M. (Sadar), Cuttack in G. R. Case No. 196/90 taking cognizance of offence under Sections 465/467/468/471/477 -A/420/109/119/120 -B/34 of the Penal Code.

(2.) CASE of the prosecution, as far as the present petitioner is concerned, is during his tenure as Land Acquisition Officer, Cuttack he had referred some claims of some fraudulent claimants to the Subordinate Judge; Cuttack, under the provisions of the Land Acquisition Act for adjudication without applying judicial mind and without verifying records. On such allegations after investigation charge -sheet was submitted and in the charge -sheet, so far as the present petitioner is concerned, the following has been stated :

(3.) FROM the statement made in the charge -sheet, it appears that the allegations, so far as the present petitioner is concerned, is that the Revenue Inspectors Clerks of Tahasil and I.A.O.'s office, Addl. Tahasildar, Land Acquisition Officer and the then Government pleaders including the penal lawyers joined together and defaulted the Government by hatching criminal conspiracy with the fraudulent claimants. From the aforesaid statement it is clear that the petitioner is implicated in the case by help of Section 120 -B of the Penal Code.