LAWS(JHAR)-2013-2-80

NARESH KUMAR Vs. STATE OF JHARKHAND

Decided On February 22, 2013
NARESH KUMAR Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioner and learned counsel appearing for the Vigilance.

(2.) This application was initially filed for quashing of the entire criminal proceeding of Vigilance Case No. 33 of 2002 (Special Case No. 38 of 2002) registered under Sections 420/423/424/467/468/469/471/477/201/120B/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. Subsequently by way of Interlocutory Application being I.A. No.1737 of 2012 the order dated 16.11.2011, whereby and whereunder, cognizance of the offence punishable under Sections 420 /423 /424/ 467/ 468/ 469/ 471/ 477 /201 /120B /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 was also challenged in this application.

(3.) The facts giving rise to this application, are that certain land measuring 1.8 acres, appertaining to Khata No. 268, Plot No. 2983 situated at Mouza-Argora was recorded in record of right as Gairmazurwa Malik. However, in the year 1970-71, two rent receipts were issued against that land in the name of Samu Sao. After his death, his son-Chandan Sao inherited the property and got his name mutated against the aforesaid land in the year 1982-83.