MANOJ KUMAR DIXIT, Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mrs. Ritu Kumar and Mr. Ravi Kumar Singh, learned counsel appearing on behalf of the petitioner.

(2.) Counsel for the petitioner submits that this case has been filed for quashing the entire criminal proceedings against the petitioner in connection with R.C. Case No. 09(S) of 2013-R registered for alleged offence under Sections 120B, 406, 420, 467, 468, 471, 506 and 34 of Indian Penal Code including order dated 20.08.2014, whereby cognizance has been taken against the petitioner for the offence punishable under Section 120B r/w 406 and 420 of the Indian Penal Code and Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988.

(3.) The learned counsel for the petitioner while referring to the charge-sheet submits that the petitioner was posted as Circle Inspector, Anchal-Ratu, Dist.-Ranchi and it is alleged in the charge-sheet that the petitioner being the Circle Inspector and Shri Om Prakash Yadav, the then Circle Officer along with Shri Firoz Khan, Rajaswa Karamchari in conspiracy with the other accused persons illegally mutated the land in favour of Smt. Anita Dayal Nandi without proper verification, who is one of the director of M/s Sanjeevni Buildcon Private Limited. She submits that it has also been alleged that physical and documentary enquiries in respect of the further mutation in favour of 11 purchasers of property were done by Sri Firoz Khan, the then Rajashwa Karamchari of Circle Office, Ratu and recommended by Sri. Rajiv Ranjan, the then Circle Inspector, Circle Office, Ratu and the said mutation case has been accepted by Shri Om Prakash Yadav, the then Circle Officer, Ratu and presently the possession of the land is with Sri Sheikh Zamiruddin, Vide Mutation Case No. 9R27/75-76 and 31R27/78-79. She also refers to the specific allegations which have been made against the petitioner in the charge-sheet, wherein it has been mentioned that the petitioner was functioning as Circle Inspector, Ratu Anchal, Distt. Ranchi at the relevant point of time and during that period Anita Dayal Nandi had submitted an application on 04.10.2008 for mutation of the plot bearing Khata No. 41, Plot No. 261, Area 32 Decimals and Khata No. 41, Plot No. 262, Area 18 Decimal with registry papers in her name. It is alleged that Shri Om Prakash Yadav, the then Circle Officer, Anchal Ratu endorsed the said papers for enquiry to Rajaswa Karamchari, Sri Firoz Khan and Shri Manoj Kumar Dixit, the then Circle Inspector in connection with Mutation Case No. 1233R27/08-09. The then Rajaswa Karamchari, Sri Firoz Khan had submitted enquiry report and he placed the documents for recommendation before the Circle Inspector, Ratu, Sri Manoj Kumar Dixit (the petitioner) who did not enquire and verify the said matter and without proper verification had recommended for mutation before the Circle Officer, Ratu and the mutation case was accepted by Sri Om Prakash Yadav, the then Circle Officer, Ratu and it is alleged that during the proceedings of the said mutation enquiries were not properly done and no proper enquiry was done with respect to the actual status in connection with Khata from Register-II of the original khatiyan.