GOURI SHANKAR SAHU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has preferred this petition under Section 482 of the Code of Criminal Procedure for quashing the entire criminal proceeding pending in the court of Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), Ranchi arising out of Ranchi Sadar Kotwali P.S. Case No. 266 of 2004, corresponding to G.R. No. 1455 of 2004.

(2.) The brief fact of the case is that opposite party No. 2 Sibu Kachhap presented a written statement before the Senior Superintendent of Police, Ranchi that his ancestral raiyati land situated at Mouza Chadari, Khata No. 3, Plot Nos. 8, 9 and 10, area .75 decimal was illegally dispossessed by five accused persons including the petitioner by making forged documents. It was further alleged that though there was an order in favour of opposite party No. 2 but with the power of money and muscle men they used to restrain him from going upon his land. He had sent several petitions to the concerned officers of the different departments but the accused persons has obtained their favour against the extraneous consideration. On the basis of such written statements, a case as aforesaid was instituted for the offence under Section 3(IV), (V) and (VIII) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act) 1989 and investigation of the case was entrusted to the Deputy Superintendent of Police, City.

(3.) It has been submitted on behalf of the petitioner that the instant case was presented by suppressing the material facts. As a matter of fact, petitioner was in possession of the land in question since 1962 by virtue of a valid registered sale deed from one Akshay Kumar executed on 12.6.1962, whereas the vendor was in possession of the land since 1942 in accordance with the law. After purchase of the land and by approval of the map by the competent authority, a building was constructed in the year 1966 over the said land. Shops were also constructed thereon and there was no litigation till 1974. The petitioner admitted that opposite party No. 2 filed SAR case in the year 1975 which was decided in his favour and similarly the appeal and revision preferred by the petitioner and others were also decided against them in the year 1984, 1986 and 1987, vide orders dated 29.3.1984, 22.2.1986 and 24.3.1987 respectively which were challenged before the Ranchi Bench of Patna High Court in Civil Writ Jurisdiction Case No. 714 of 1987. After hearing the parties including the State, the Hon'ble Court quashed all the above impugned orders, vide order dated 24.4.1991 and remitted the matter back to decide the case No. 312 of 1982-83 afresh as per Annexure 2 to this petition. Pursuant to the above direction the SAR Case No. 11 of 1975 was adjudicated, vide T.R. No. 312 of 1982-83 and the above SAR Case No. 11 of 1975 which was brought about by the opposite party No. 2 was rejected on 12.1.2000, vide Annexure 3 of this petition.