Decided on June 12,2013

Sevitam Pandey Appellant
State of Uttarakhand and Anr. Respondents


Umesh Chandra Dhyani, J. - (1.) THE applicant, by means of present application/petition under Section 482 of Cr.P.C., seeks to quash the chargesheet dated 19.12.2006, submitted in case crime No. 3542 of 2006, under Sections 420, 465, 468, 177, 166, 167, 120B of IPC as also the entire proceedings in criminal case No. 611 of 2007, State vs. Neeraj Joshi and others, in respect of selfsame offences, pending before the court of Chief Judicial Magistrate, Udham Singh Nagar. An FIR was lodged by respondent No. 2, who was Sr. Administrative Officer in District Office, Udham Singh Nagar on 28.09.2006, in police station Rudrapur against six accused persons, including the present applicant in respect of offences punishable under Sections 420, 465, 467, 468, 471, 177, 166, 167 and 120B of IPC Accused No. 6 Smt. Jiwanti Sah has died, in whose name the freehold was done by the Nagar Palika, Rudrapur. Accused Nos. 1 to 3 and 5 are not the applicants in this application under Section 482 of Cr.P.C.
(2.) APPLICANT Sevitam Pandey was posted as Junior Engineer, Regulated Area Rudrapur in District Udham Singh Nagar w.e.f. June 1999 to July 2005. It was a policy decision taken on 01.12.1998 by the erstwhile State of Uttar Pradesh, to convert nazul land into freehold on certain conditions. Accused No. 6 Jiwanti Sah (since deceased) applied for freehold rights in the year 1998. In other words, she applied for freehold of her nazul land in which she was already in possession, as per the policy dated 01.12.1998 of the State Government. Smt. Jiwanti Sah deposited a sum of Rs. 3 lacs for converting her lease into freehold land. A.D.M., Udham Singh Nagar, on receipt of application for conversion of nazul land into freehold, sought certain queries from the Town Planner, which is an authority created under U.P. Regulation of Building Operations Act, 1958. According to the letter No. 61/25 -Nazul dated 15.01.1999, a query was sought that conversion of land leased for agricultural purposes could only be converted into freehold when at the relevant point of time it was used for residential purpose under the Master Plan. In response to letter dated 15.01.1999, the Town Planner submitted his report that the land leased out to Smt. Jiwanti Sah was an open land used for agricultural purposes. Plot No. 3 20 leased out to Jiwanti Sah is part and parcel of the land which was demarcated under the Master Plan of 1972 and was shown to be semi populated abadi area. Some part of the aforesaid land was also covered under green belt area adjoining river Begul. The sum and substance of the complaint filed on behalf of the District Officer, Udham Singh Nagar was that the applicant alongwith other officers acted mala fide. They prepared a forged report for giving undue advantage to Smt. Jiwanti Sah. The object was to convert the leasehold land of Jiwanti Sah into freehold land. It was also the allegation against the applicant alongwith other accused persons that the land in question was infact an agricultural land and the applicant alongwith other officers (accused persons), deliberately gave a wrong report to the effect that the same was for residential use.
(3.) IT is the submission of learned counsel for the applicant that when in the year 1972 itself, the land was shown to be a semi populated abadi area in view of subsequent directions issued under the Policy of 01.12.1998, there was no restriction on its conversion. It was also submitted that one of the question which was answered by the State Government in Nazul Directorate provided that even the agricultural land which fell or was being used for residential purpose under the Master Plan could be converted into freehold. The only exception to such conversion was the land required for expansion of road or other public purpose.;

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