BIMAN BIHARI PATNAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner in this application under Section 482, CrPC has challenged the order passed by learned S.D.J.M., Cuttack in G.R. Case No. 196 of 1990 taking cognizance of offences under Sections 465, 467, 468, 471, 477 -A, 420, 109, 119, 120 -B/34, IPC.

(2.) CASE of the prosecution so far as the present petitioner is concerned, is that during his tenure as Land Acquisition Officer, Cuttack he had referred 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 Tahsil and L.A.O's office, Addl. Tahsildar, Land Acquisition Officer and then Government Pleaders including the panel lawyers joined together and defrauded 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.