NARAYAN MURTI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioner and learned counsel appearing for the Vigilance. This application has been filed for quashing of the entire criminal proceeding of Vigilance P.S. Case No. 28 of 2000 (Special Case No. 15 of 2000) including the order dated 26.11.2009 whereby and whereunder cognizance of the offences punishable under Sections 423, 424, 467, 468, 469, 471, 477A, 409, 120B and 109 of the Indian Penal Code and also under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act has been taken against the petitioner and others.

(2.) The case of the prosecution as has been made out in the F.I.R. is that the land appertaining to plot nos. 24, 25, 26, 27 & 28 of khata no. 37 measuring an area of 9.34 acres situated at Mauza-Gari within the urban area of Ranchi was recorded in the name of Tulsidas Kanodia against whom when a proceeding under the Ceiling Act was initiated, he filed statement under Section 6 of the Ceiling Act making declaration of the vacant land which he was holding. In spite of that he through holder of power of attorney got 11 katthas of land of plot no. 28 sold to Usha Devi Narsaria on 1.7.1982. Thereupon, the petitioner mutated her name against the land purchased by her. Subsequently, she transferred the said land to Sajan Kumar Agrawal.

(3.) On such allegation, a case was lodged against this petitioner and others on the premise that after coming into force of the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred as 'the Act') with effect from 1.4.1976, any person holding excess land than the ceiling limit was not entitled to transfer the land. In spite of that, the petitioner in connivance with each other passed an order for mutating the land.