RAJ DEO DUBEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel appearing for the petitioner and learned counsel appearing for the Vigilance. This application has been filed for quashing of the entire criminal proceeding of Vigilance P.S. case no.33 of 2002 (Special Case No.38 of 2002) including the order dated 18.11.2009 whereby and whereunder cognizance of the offences punishable under Sections 420, 467, 468, 469, 471, 120B, 109, 201, 423, 424, 477 of the Indian Penal Code and also under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act has been taken against the petitioner.

(2.) THE facts, giving rise to this application, are that certain land measuring total area of 10.95 areas, appertaining to Khata No.360, Plot No.1260 situated in village Hundru, Ranchi was recorded in the record of right as 'Gair Mazarua Khas'. However, in the year 1970 -71, two rent receipts were issued against that land in the name of Samu Sao, when his name was recorded in Register II . Subsequently, after the death of Samu Sao his son Chandan Sao inherited the property and then his name was mutated against the land in question by the then Circle Officer, Narayan Murti on the recommendation made by this petitioner, who at the relevant point of time was posted as Circle Inspector. In course of time, Chandan Sao sold 0.49 and 0.59 acres of land separately to Mahavir Kashi, the then Secreary of jai Bhawani Cooperation Society in the year 1988 -91, who got his name mutated against the said land. Mahavir Kashi sold the land to ten persons. Thereafter, the then Circle Officer got their names mutated against the lands purchased by them and, accordingly, Register II was opened in their names.

(3.) MR .Sujit Narayan Prasad, learned counsel appearing for the petitioner submits that earlier the petitioner had moved before this Court for quashing of the FIR, vide W.P (Cr.) No.230 of 2010 which was dismissed but the petitioner hereby has challenged the entire criminal proceeding including the order taking cognizance.