HARISH MUNJAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) By the Court:- Heard the parties through video conferencing.

(2.) This petition has been filed invoking the jurisdiction of the Court under Article 226 of the Constitution of India with a prayer to quash the F.I.R. bearing A.C.B P.S. Case No.09 of 2021 dtd. 3/11/2021 registered for the offence punishable under Ss. 420, 467, 468, 471 and 120-B of the Indian Penal Code, 1860 and Sec. 13 (1) (a) and 13 (2) of the Prevention of Corruption Act, 1988 pending in the court of Special Judge, Anti-Corruption Bureau, Ranchi wherein it has inter alia been alleged that by way of cheating and fraudulent documents, the petitioners have acquired the right, title, interest and possession of the land belonging to the persons of Scheduled Tribe community.

(3.) Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners, in criminal conspiracy with the co- accused public servants have committed cheating, forgery and also the offences under the penal provisions of Prevention of Corruption Act, 1988 by making fraudulent persons to be the claimant of the ownership of the land of a member of Scheduled Tribe and created forged documents with the help of said fraudulent claimants. It is next submitted that the F.I.R. has been lodged in violation of the order dtd. 21/5/2021 passed in W.P.(C) No.1791 of 2021. It is then submitted that the allegations made against the petitioners are false. The petitioners claim that they are the real owners of the land in question. It is next submitted that the petitioners have also filed a contempt petition registered as Contempt Case (Civil) No.776 of 2021 before filing of this writ petition as has been mentioned in paragraph-15 of this writ petition and therein the petitioners have categorically mentioned that the petitioners have also filed a contempt petition which has been registered as Contempt (Civil) No.776 of 2021. So the words "have also filed" show that the said Contempt (Civil) No.776 of 2021 was filed prior to filing of the instant writ petition. It is next submitted that the proceeding initiated by the learned court of the Presiding Officer-cum-Minister, Revenue, Registration and Land Reforms Department, Government of Jharkhand, Ranchi is illegal and without jurisdiction and challenging that order much before filing this writ application, the petitioners have filed a separate writ petition vide W.P.(C) No.1791 of 2021 which is sub judice before a co-ordinate Bench of this Court.