- (1.) R. K. Rastogi, J. This is an application under Section 482, Cr. P. C. for quashing the proceedings of Criminal Case No. 179 of 2006, state v. Ramakant and others, under Sections 419, 420, 468, 471, I. P. C. P. S. Madhuban District Mau.
(2.) THE facts relevant for disposal of this application are that Shiv Narain Singh resident of Kunwarpur P. S. Tahsil Madhuban District Mau moved an application before the S. P. Mau on 18. 3. 2006 with these allegations that in pursuance of a conspiracy of the village Panchayatadhikari, Lekhpal and 11 members of the village, Jugal Kishore was shown to have died on 14. 6. 2004 though he was alive on that date and his entire property was mutated in the name of Ramakant Singh. Jugal Kishore had sold a part of that property to Smt. Renu Singh on 12. 8. 2002, and for the remaining land he had executed a registered sale deed in favour of the children of Shiv Narain Singh on 25. 8. 2004. When the matter was got investigated by the District Magistrate through the S. D. M. Madhuban, 15 persons were found guilty including the applicant Rajesh Kumar Srivastava and thereafter the S. D. M. suspended the Lekhpal Rajesh Kumar Srivastava. THE name of the accused who were involved in the commission of the aforesaid offence were Rajesh Srivastava (Lekhpal), Sudarshan Singh, Jagdish Yadav, Pushpalok Misra, Naga Maurya, Ramakant Singh, Nidhumati Singh, Nathu Singh, Vidya Devi, Enulhaq Ahmad, Ram Parikha Prasad, Radheyshyam Barai, Afti, Dayawanti and Vijayi Yadav. It was, therefore, prayed that action should be taken against the accused persons. The case was registered against the above named accused persons and it was investigated. The police after investigation submitted a charge-sheet against Ramakant Singh, Naga Maurya, and Rajesh Kumar Srivastava (applicant in the present case ). The investigation against the remaining accused was reported to be pending. It is alleged that the investigation against the remaining accused is still pending. On this charge-sheet the learned Magistrate took cognizance, and aggrieved with the charge-sheet and the order of cognizance accused Rajesh Kumar Srivastava has filed this application under Section 482, Cr. P. C. He has filed an affidavit in support of the application stating therein that in the departmental inquiry the Naib Tahsildar has given him a clean chit and so no case was made out against him. A counter-affidavit has been filed on behalf of opp. Party No. 2 reiterating the allegations mentioned in the F. I. R. A rejoinder affidavit has also been filed denying the allegations made in the counter affidavit.
(3.) HEARD the learned Counsel for the parties and perused the record. Learned Counsel for the applicant placed much reliance upon the report of Naib Tahsildar, a copy of which has been filed as Annexure 5 to the affidavit filed in support of the application under Section 482 Cr. P. C. This report is dated 19. 9. 05 and it was addressed to the S. D. M. Madhuban. The Naib Tahsildar has written in his report that the Lekhpal Rajesh Kumar Srivastava had submitted his explanation and he had also filed certificates of village Pradhan and the Gram Panchayat Adhikari, and on the basis of these certificates and upon inquiry in the village, he was of the view that the Lekhpal was innocent. However, a copy of the order passed by the S. D. M. Madhuban in the departmental inquiry against Rajesh Kumar Srivastava has also been filed as Annexure 6. This order is dated 6. 10. 2005. It is to be seen that three charges were framed in the departmental inquiry against Rajesh Kumar Srivastava. The first charge was that he made mutation entries in respect of the property of Jugal Kishore on 5. 8. 04 while Jugal Kishore was alive on that date who died on 13. 9. 04. The second charge was that he had committed misconduct by showing an alive person as dead. The third charge was that his conduct of showing an alive person as dead reveals that he did not visit the area and did not keep himself posted with the developments in the area. He has further stated in the last para at page 3 of the order dated 6. 10. 05 that the applicant Rajesh Kumar Srivastava had confessed his guilt. Thereafter taking a lenient view in award of sentence, he passed an order for recording a censure entry in the character roll of the applicant and for withholding his two increments for a period of three years. There is nothing on record to show that the applicant had filed any appeal against this order of the S. D. M. and in view of this order of the S. D. M. , the report of Naib Tahsildar dated 19. 9. 05 is immaterial.;