NARAYAN MURTI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the learned counsel appearing for the petitioner and the learned counsel 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 28/04/2010, whereby and whereunder cognizance of the offence punishable under Sections 420 /423 /424 /467 /468 /471 /477 /120B /201 /109 of the Indian Penal Code and also under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988, has been taken against the petitioner.

(2.) The facts, giving rise to this application, are that certain land measuring total area of 1.08 acres, appertaining to Khata No. 268, Plot No. 2983 situated at Mouza-Argora was recorded in the record of right as 'Gair Mazarua Malik'. 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 but on what basis his name was recorded in Register-II it was not there. 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 this petitioner in the year 1982-83 when this petitioner was holding the post of Circle Officer. In course of time, Chandan Sao sold 0.49 and 0.59 acres of land separately to Mahavir Kashi, the then Secretary of Jai Bhawani Co-operative 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.) Since the land initially had been recorded as 'Gair Mazarua Malik', transfers of said land to different persons were considered to be illegal and, therefore, a case was lodged by the Inspector, Vigilance against several persons, including this petitioner on the allegation that all those persons have committed offence of forgery, cheating and mis-appropriation.