SHEKH HAFIZ Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioner and learned counsel appearing for the State -Vigilance. This application has been filed for quashing of the entire criminal proceeding of Vigilance P.S. Case no.27 of 2000 (Special Case no.14 of 2000) including the order dated 22.6.2013 whereby and whereunder learned Special Judge (Vigilance), Ranchi has taken cognizance of the offences punishable under Sections 420, 467, 468, 471, 477A, 423, 424, 109,120B, 201 of the Indian Penal Code and also under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act,1988 against the petitioner. Before advertising to the submission advanced on behalf of the parties, case of the prosecution needs to be taken notice of. It is the case of the prosecution that 12.15 acres of land of Mouza -Kamre, appertaining to Khata No.60, Plot Nos. 1051 and 549 was belonging to ex -landlord Kailash Nath Bharti and Baijnath Dayal Bharti who settled the land (Chaparbandi settlement) to Krishna Ballabh Narayan Singh on 16.4.1948. Subsequently, the said Krishna Ballabh Narayan Singh sold the land to smt. Bameshwari Devi on 7.4.1961 through registered sale deed. Thereafter the land was mutated in her name and Jamabandi was opened in her name by the then Circle Officer. In course of time, the said land was sold to Abdul Hafeez in the year 1988 through registered sale deed. Out of the said land measuring 12.05 acres, a piece of land measuring 4.05 acres of land was sold to Neelanchal Grih Nirman Samiti, Kamre on 16.8.1988. The petitioner being Halka Karmchari recommended for mutation and on recommendation, the Circle Officer, Kanke mutated the name of the said Samiti against the land purchased by the Samiti, vide Mutation Case No.324(R) ­ 27/90 -91 on 28.8.1990, without verifying the factual position that the said land is Gairmajrua Malik land.

(2.) It has been further alleged that rest of the land was sold to Smt. Geeta Singh whose name was also mutated by the Circle Officer against the land purchased by her, vide Mutation case No.648(R) of 1990 -91 and Jamabandi was opened in her name. Subsequently, when the Secretary of Neelanchal Grih Nirman Samiti sold the land to 18 persons, name of the 18 persons were also mutated, on the recommendation of the petitioner and the Circle Inspector, by the Circle Officer against the land purchased by them in the year 1991 and 1992 -93.

(3.) On the said allegation, a case was registered against number of persons including this petitioner on the premise that the land in question was recorded as Gairmajrua Malik land and the nature of it was 'Parti Patthal' which was settled by the then ex -landlord to other persons on 16.4.1948, though there was prohibition of transferring of land after 1.1.1946 under the Land Reforms Act, 1950. In spite of that, this petitioner as well as other Circle Officers by misusing the official position mutated the name of the transferees against the land settled by them, though they should have initiated a proceeding under Section 4H of the Bihar Land Reforms Act. 3 On such allegation, a case was registered as Vigilance P.S. case no.27 of 2000 corresponding to Special Case No.14 of 2000. On submission of the charge sheet, cognizance of the offences was taken under Sections 467, 468, 471, 477A, 423,424, 402, 109, 120B, 201 of the Indian Penal Code and also under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, vide order dated 22.06.2013 which is under challenge.