BINA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the learned counsels for both the sides. This writ application has been filed for quashing the entire criminal proceeding in complaint Case No. C/II-20 of 1987 pending in the Court of Sri A.K.Jaiswal, learned Judicial Magistrate, 1st class, Ranchi, including the order dated 26.8.1995 passed therein, whereby the prima facie case was found against the petitioners for the offence under Section 71-B of the Chotanagpur Tenancy Act (hereinafter to be referred as the 'C.N.T. Act') and under Sections 147, 148, 448 and 506 of the I.P.C and the processes were directed to be issued. The proceeding relates to land appertaining to C.S Khata No. 59 (corresponding to R.S Khata No. 201), C.S Plot No.200 (corresponding to R.S Plot No. 158) comprising an area of 1.68 Acres situated in Ranchi.

(2.) It appears from perusal of the writ application that in the year 1985 the respondent No.2, Jogesh Oraon filed an application under Section 71-A of the C.N.T. Act for restoration of the said land from the petitioner, Smt. Bina Devi, alleging therein that she had illegally taken possession of the land by practicing fraud or deceit. On the said application, the Special Officer, SAR (Scheduled Area Regulation) by order dated 3.1.1987 passed in SAR Case No. 419/85, held that the petitioner, Smt. Bina Devi was in unlawful possession of the land and accordingly, passed an order of restoration in favour of the applicant. The said order has been brought on record as Annexure-1 to the writ application. Being aggrieved by the order as contained in Annexure 1, the petitioner, Smt.Bina Devi filed an appeal before the Additional Collector, Ranchi being SAR Appeal No. 6-R-15/1987-88 and by order dated 18.9.1987, the Additional Collector allowed the appeal and remanded the matter back to the Special Officer, S.A.R. The said order of remand has been brought on record as Annexure-3 to the writ application. At this point, it appears from the counter affidavit filed on behalf of respondent No.2, that delivery of possession was also affected to the respondent No.2. The respondent no.2 has brought on record Annexure-B to show that on 3.1.1987 the delivery of possession was given with respect to 1.59 acres of land to the respondent no.2, but in view of the fact that on 12 decimals of land and 15 decimals of land, there were house and pathways, the delivery of possession thereof could not be given to the respondent on the said date. Annexure-D which has been brought on record by the respondent shows that on 28.4.1987 at about 12.30 P.M the petitioner, Smt. Bina Devi was dispossessed from the house and delivery of possession was given to the respondent No.2, Jogesh Oraon. It appears that thereafter, this Complaint Case No. C/II-20 of 1987 was filed in the Court of learned Chief Judicial Magistrate, Ranchi which has been brought on record as Annexure-4 to the writ application, in which, it is alleged in paragraph 9 as follows :

(3.) In the meantime, on 11.10.1988 the Special Officer, SAR, to whom the matter was remanded back by the Additional Collector, cancelled his earlier order of restoration of land in favour of respondent No.2 and directed that the delivery of possession of land in question be given to Smt. Bina Devi, the petitioner, which is Annexure -5 to this writ application. The respondent Jogesh Oraon being aggrieved by the said order, moved before the learned Deputy Commissioner, Ranchi in SAR Misc. Case No. 70-R-15/1988-89 and by order dated 22.12.1988, the operation of the order passed by the Court below i.e. the order contained in Annexure -5 to this writ application was stayed and it appears that the matter is still pending before the Deputy Commissioner, Ranchi. It further appears from the writ application that in the said Complaint Case No. C/II-20 of 1987 the prima facie case was found against the petitioners by order dated 25.5.1987, against which, the petitioners moved before this Court in Cr.Misc. No.144 of 1989 (R), which was allowed by order dated 21st February 1991, as contained in Annexure-7, whereby, the order impugned therein was quashed and the matter was remanded back to the learned Chief Judicial Magistrate, Ranchi to proceed in accordance with law. Thereafter, the Chief Judicial Magistrate, Ranchi passed an order dated 12.8.1992 dismissing the complaint under Section 203 of the Cr.P.C. The said dismissal was challenged by the respondent Jogesh Oraon in the Court of learned Sessions Judge in Cr.Revision No. 177 of 1992 and the same was also dismissed. The respondent Jogesh Oraon aggrieved thereby, moved this Court in Cr.W.J.C. No. 495 of 1993(R) in which it appears that the notice was issued to the petitioners herein, but in spite of service of notice, they did not appear and by ex-parte order dated 8.2.1995, the said Cr.W.J.C No. 495 of 1993 (R ) was allowed and both the orders dated 12.8.1992 passed by the learned C.J.M, Ranchi and the order dated 16.10.1993 passed by the learned Additional Judicial Commissioner, Ranchi in Cr.Revision No.177 of 1992 were set aside and the matter was again remanded back to the court of Chief Judicial Magistrate, Ranchi for further enquiry in accordance with law. Thereafter, upon an enquiry, the Court below passed the impugned order dated 26.8.1995, whereby, again the prima facie case was found against the petitioners and the processes were ordered to be issued which has been challenged in this writ application. The petitioner has also annexed the entire order-sheet of the said Complaint Case No.C/II-20 of 1987 as Annexure -11, which shows that after passing the impugned order dated 26.8.1995 the case has travelled to different Courts and till 31.6.2000, the case appears to be pending only for evidence before the charge. It also appears that in the present writ application, the stay order was passed, staying the proceedings in the Court below on 14.6.2001 and since the last more than a decade, the proceedings are stayed in the Court below by virtue of the stay order passed by this Court.