STATE OF HARYANA Vs. SURENDER SINGH AND OTHERS

JUDGEMENT

(1.) Prayer in this appeal is for setting aside the judgment dated 22.01.2014 passed by the trial Court, vide which the respondents-accused were acquitted of the charge under Section 218 of the Indian Penal Code (for short 'IPC').

(2.) Brief facts of the case are that on 11.07.2008, an application was given by Superintendent, Flying Squad of Chief Minister, Haryana stating that a complaint is received for investigation against the respondent-accused that they have illegally transferred the shamlat land in the name of 41 persons in violation of the administrative orders issued by then Collector, Panchkula. On investigation, it was found that as per jamabandi for the year 1966-67, land measuring 285 kanals 5 marls was recorded in the name of Patti Hoshiara and in the subsequent jamabandi for the year 1991-92, the shamlat land of village Khatauli was shown in the name of 09 land owners of Patti Hoshiara. In the year 1960, 123 kanals 1 marla of land was given by Gram Panchayat on lease and thereafter, ownership of the aforesaid land measuring 285 kanals 5 marls was transferred in the name of Gram Panchayat Khatauli, after coming into force the Act No.9 of 1992, vide which certain amendments were carried out in the Punjab Village Common Lands (Regulation) Act, 1961 (for short 'Act of 1961') and a mutation No.1836 dated 31.01.1993 was sanctioned in favour of the Gram Panchayat. The said Act was challenged by way of filing number of civil writ petitions before this Court and a Full Bench of this Court decided the same vide judgment dated 13.03.2003 Jai Singh Vs. State of Haryana, (2003) 2 RCR(Civil) 578. Subsequently, the proprietors of village moved an application before the revenue authorities i.e. the respondents, for reversing the mutation No.1836, which was sanctioned in favour of Gram Panchayat Khatauli and thereafter, a mutation No.2519 dated 10.09.2007 was sanctioned by the accused persons cancelling the earlier mutation in favour of the Gram Panchayat. Later on, Gram Panchayat filed a suit under Section 13 of Act of 1961 before the Collector, Panchkula, which was decided in favour of Gram Panchayat and aforesaid mutation No.2519 dated 10.09.2007, sanctioned by the respondents-accused/the revenue officials, was set aside. On this premise, FIR No.125 dated 11.07.2008 under Section 218 IPC, was registered at Police Station Chandimandir alleging that the respondents-accused have committed the offence punishable under Section 218 IPC, by not following the administrative instructions issued by the Financial Commissioner and Principal Secretary to Govt. of Haryana, Development and Panchayat Department, Chandigarh and by the Collector, Panchkula and had sanctioned the aforesaid mutation No.2519 on 10.09.2007.

(3.) On submission of challan, the trial Court framed the charge under Section 218 IPC, to which accused did not plead guilty and claimed trial. The prosecution, in its support, examined 10 witnesses, who produced on record the various documents as well as the investigation carried out by the Investigating Officer ASI Gurdev Singh PW6 and Inspector Harbhajan Singh, PW8. In the statement under Section 313 Cr.P.C., accused pleaded their false implication, however, no defence evidence was led.