LAWS(ORI)-2003-5-20

UMA SHANKAR MISHRA Vs. STATE OF ORISSA

Decided On May 16, 2003
UMA SHANKAR MISHRA Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) THE petitioner in this application Under Section 482 of the Code of Criminal Procedure (in short 'Cr.P.C.') has prayed for quashing the order dated 31.3.2001 passed by the Sub Divisional Judicial Magistrate, Sadar, Cuttack in G.R.Case No. 1464 of 1994 corresponding to Lalbag P.S.Case No. 217 of 1994 taking cognizance of the offences alleged to have been committed by the petitioner Under Sections 120 B and 420 of the Indian Penal Code ('I.P.C.' in short).

(2.) SHORN of unnecessary details, the case of the petitioner, as disclosed in this application, is that the petitioner after serving under the State Govt. in various capacities retired on superannuation in the year 1995 and during the period from 24.7.1968 to 31.12.1969 he was posted as the Land Acquisition Officer, Cuttack. On 1.9.1994 the Addl. Land Acquisition Officer, Cuttack, lodged an F.I.R. with the Inspector in charge of Lalbag Police Station stating therein that for establishment of Aviation Research Center at Charbatia, Cuttack, certain lands in Mouza Jajbhairaba were acquired by the State Govt. for which necessary notification Under Section 4(1) and declaration Under Section 6(1) of the Land Acquisition Act were made on 7.5. 1965 and 23.5.1965 respectively. In the F.I.R, which is enclosed to this application as Annexure 2, it was further stated that the lands acquired by the State Govt. originally belonged to an ex intermediary, namely, Sayed Mahammad Malia and others, who, during the year 1948 49, having left India for East Pakistan, now Bangladesh, and settled there, one Janaki Ballav Das Mohapatra of village Tulsipur, Dist. Cuttack, claiming himself to be the real owner raised a fraudulent and false claim for compensation in Land Acquisition Case No. 24 of 1967 68 in respect of an area of Ac. 0.14 decs, appertaining to plot No. 177 of Khata No. 256 in Mouza Jajbhairaba, Touzi No. 8274. It was alleged in the FIR that said J.B. Das Mohapatra, who had no right, title or interest over the aforesaid land acquired by the State, as well as his son, Soumendra Nandan Das Mohapatra, had influenced the then Land Acquisition Collector, who under such influence and connivance passed a consolidated award in favour of said J.B.Das Mohapatra. On the death of J.B.Das Mohapatra, his son Soumendra Nandan Das Mohapatra, received the awarded amount of compensation of Rs. 322/ on 15.10.1968 in respect of the acquired land.

(3.) DURING the course of hearing of this application, this Court directed the Investigating Officer to file an affidavit disclosing the name of the officer who passed the award and the I.O. has accordingly filed an affidavit. In paragraph 6 of the said affidavit, which is most relevant reads thus :