MING CHING DORJE Vs. STATE OF H P

JUDGEMENT

(1.) The instant Criminal Revision Petition is directed against the orders pronounced by the learned Special Judge, Mandi, on 19.01.2017, whereby, the petitioner along with other co-accused were charged for theirs committing offences punishable under Section 120-B and 420 of the IPC and under Section 120-B IPC and 13(2) of the Prevention of Corruption Act, 1988.

(2.) One Kushok Bakula, made, a testamentary disposition, whereby, he bequeathed, the property embodied therein vis-a-vis one Ming Chung Dorje. Accused/petitioner herein claimed himself to be the legatee under the testamentary disposition executed by late Shri Kushok Bakula. The petitioner is alleged, to, by making a false declaration vis-a-vis his being a citizen of India, hence, within the domain of Section 118 of the Himachal Pradesh Tenancy and Land Reforms Act, 1972, sought according, of, statutory permission. On the Investigating Officer concerned, making investigation(s) vis-a-vis a complaint, lodged with respect to the validity of the statutory permission accorded to the petitioner herein, he detected, of the apposite certificate issued by the Tehsildar, Leh with respect to the residence of Ming Chung Dorje, on basis whereof, he produced a fake certificate, of, his being an Indian National, whereupon, he obtained the apposite permission, being false, thereupon, an ensuing conclusion was formed by him, of, all official acts, in pursuance thereto, performed by all the officials concerned, being ingrained with pervasive elements of penally inculpable offences embodied in Section 420 read with Section 120-B of the IPC and Section 13(2) of the Prevention of Corruption Act.

(3.) The prosecution, may succeed, in clinching the charge against the accused, upon its, standing evidently proven (a) of the petitioner being not entitled to the benefit of Section 3 of the Citizenship Act, provisions whereof stand extracted hereinafter: (a) either his father mother possesses such immunity from suits and legal process as is accded to an envoy of a feign sovereign power accredited to the President of India and he she, s the case may be, is not a citizen of India; (b) his father mother is an enemy alien and the birth occurs in a place then under occupation by the enemy." (p.1893) dis-entitlement(s) thereof standing spurred, by his, evidently not being bn in India, in, the interregnum commencing from 26th January, 1950 and ending on 1st July, 1987, (b) firm evidence making upsurgings vis-avis the petitioner herein, faking his identity vis-a-vis the legatee, under a testamentary disposition executed, by late Sh. Kushok Bakula.