HARI RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has challenged the order dated 12.02.2005 passed by the Sub Divisional Judicial Magistrate, Hansi who had framed charges against the petitioner in FIR No. 405 dated 19.11.2002. The petitioner is also impugning the order dated 21.04.2009 passed by the Additional Sessions Judge, Hisar who dismissed the revision filed by the petitioner.

(2.) It would be apposite to refer to the background. A large chunk of land was owned by Ujala. His grand daughter Ram Kali approached the revenue authorities to get the land mutated in her favour basing her claim on the basis of Court decree passed in Civil Suit No. 619-C of 1984. The Patwari without issuing notice and without even seeing the judgment and decree changed the ownership in the land records. A complaint was made to the police. Subsequently the mutation was cancelled by the Assistant Collector Ist Grade on 14.05.1988. The FIR was registered against Patwari, Kanungo, Tehsildar and some other officials of the revenue department. During investigation was carried out that and it was found that no decree had been passed on 11.09.1984 and infact a suit was instituted in 1984. It was admitted by the Patwari that the mutation had been carried out on the basis of oral statement made before him. Challan was presented and charge was framed by the trial Court.

(3.) A revision petition was filed before the Additional Sessions Judge, Hisar which was decided on 03.10.2006. It was noted that Rajinder Kumar, Khem Chand and Charanjit Lal had nothing to do with the entering and attestation of the mutation as no entry was made nor any report was signed by them and, therefore, their prosecution was an abuse of the process of law. Therefore, the order framing charge against them was set aside and the order dated 12.02.2005 was set aside and the case was remitted back to the trial Court to decide the case again. It was also noted that by then the Tehsildar had also died.