CHANDRADEV PRASAD SAO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Binay Kumar Sahay, the learned counsel appearing for the petitioner, Mr. Subodh Kumar Dubey, the learned counsel appearing on behalf of the respondent State and Mr. Sarvendra Kumar, the learned counsel appearing on behalf of the O.P.No.2.

(2.) This petition has been filed for quashing the entire criminal proceeding bearing Markacho P.S.Case No.199 of 2013 dtd. 10/10/2013, corresponding to G.R. Case No.1561 of 2013, including the order taking cognizance dtd. 8/8/2014, order dtd. 3/12/2014 passed by the learned Judicial Magistrate, and order dtd. 23/7/2016 passed by the learned Sessions Judge, Koderma in Cr.Rev.No.18/2015 whereby the prayer for discharge has been rejected, pending in the court of learned Sub-Divisional Judicial Magistrate, Koderma.

(3.) The First Information Report was lodged by the O.P.No.2 alleging therein that the informant Sobaran Nayak son of Khedan Nayak (hereinafter called as O.P.No.2) on 10/10/2013 alleged in the FIR that the raiyati land bearing Khata No.9, Plot No.167, measuring an area of 1.47 acres, situated at Village Khargu, P.S.Markacho, District Koderma, is recorded in the names of Bandhu Teli, Roshan Teli and Deodutta Teli in the record of right. The land was acquired for Panchkhero Project, the compensation amount to the tune of Rs.9,99,600.00 was fixed, has been received by the petitioner on 25/1/2010. The amount should have been distributed amongst the 17 co-sharers. But the petitioner presented himself to be sole claimant as he happens to be grandson of Bandhu Teli. It is further alleged in the first information report that each claimant had to receive Rs.1,66,600.00. The O.P.No.2 has demanded his share several times, but the petitioner deferred the matter on one pretext or the other, and extended threat that he will be done to death. It is further alleged in the first information report that in the year 1987-88, the compensation amount out of Khata No.9, Plot Nos.180 and 185, measuring an area of 205 decimals was paid to the co-sharers by the Special Land Acquisition Officer, Hazaribagh.