RAJDEO DUBEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner and the learned counsel for the Vigilance. The petitioner has filed the instant Cr. Writ application for issuance of an appropriate writ/direction for quashing the entire criminal proceeding arising out of Vigilance P.S. Case No. 35 of 2002 corresponding to Special Case No. 41 of 2002 for the offence under Sections 420, 467, 468, 469, 471, 120B, 109, 201, 423, 424, 477 of the Indian Penal Code read with Section 13(1)(d) and read with Section 13(2) of the Prevention of Corruption Act, 1988 against him.

(2.) THE learned counsel for the petitioner submits that the petitioner is a Circle Inspector and there is no specific allegation against the petitioner in the First Information Report except that while he was posted as Circle Inspector, mutation of a numbers of plots has been done which were recorded earlier in the Khatian as "Gair Mazuruwa Malik".

(3.) COUNSEL of the vigilance has submitted that there is a direct allegation of the petitioner in the F.I.R. that he being the Circle Inspector, without verifying the report of the Karamchari and in conspiracy with the parties, recommended for mutation of the lands in question. Therefore, criminal proceeding against him cannot be quashed.