HARDEO RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN Criminal Writ No. 422 of 2007, Hardeo Rai, Raj Kumar Choudhary, Raj Kishore Rai, Sushila Devi, Sahdeo Bharti, Bhola Singh, Chandeshwar Prasad Sinha, Anil Tiwari @ Anil Kumar Tiwary, Mrinal Kant Tiwari are the petitioners while in Criminal Writ No. 559 of 2007, Tripuranand Tiwary (since deceased) Mostt. Champa Devi, Mamta Devi, Rajesh Kumar, Shashi Bhushan Karn, Babu Lal Rai, Ganesh Pandey, are the petitioners and with the consent of learned counsel for both the parties, both the above referred writ petitions have been analogously heard and are decided by a common judgment.

(2.) IN both the criminal writs there has been prayer of quashing of F.I.R. of Patori P.S. Case No.9 of 2007 as well as prosecution. Respondent, Prem Shankar Trivedi filed written report before the Officer-in-charge, Patori P.S. disclosing therein that the accused persons in conspiracy to each other to put wrongful loss to State Exchequer and further withholding to disclose the nature of land as homestead land executed sale deed showing less valuation of the land than the real one and by such action, they have managed to pay less registration fee than the actual one.

(3.) THEN it has been submitted that coming to remaining petitioners/ accused, no offence under Section 420, 467, 468, 470, 471, 34 of the I.P.C. is made out because of the fact that under the Registration Act, the fee whatever has to be realized should be according to the guidelines prescribed by the State as prescribed under Registration Act. The government through circular had entrusted the Collector of the District to fix valuation of the land for the purpose of realization of the fee which the petitioners have already paid. As such petitioners cannot be alleged to have misrepresented the fact leading to less payment of the registration fee. Even in worst case the fee so required and liable to be paid had nothing to do with the consideration amount as agreed amongst the parties because the same was to be paid as per valuation fixed by the Collector for that purpose. Consequent thereupon no offence under any of the penal provision where under case has been registered, is made out.