- (1.) The three petitioners in this application dated March 10,2010 are seeking a direction under Section 438 of the Code of Criminal Procedure, 1973 for their release on bail in case they are arrested on the accusation of having committed offences under Sections 468, 471, 420 and 34 I.P.C. mentioned in the FIR No.267/010 registered by the Aberdeen Police Station of the District-South Andaman on March 9, 2010.
(2.) Seeking a mandamus commanding the authorities concerned to acquire certain land in terms of notifications dated July 18, 2007, July 21, 2007 and August 2, 2007 under provisions of the Land Acquisition Act, 1894, W.P. No.332 of 2009 dated October 28, 2009 was filed under Article 226 with one Hari Ram's name on it as the petitioner. One Vincent Walter executed the vakalatnama, signed the petition and verified it by the solemn affirmation made by him stating that he was the duly authorized attorney of Hari Ram. It was recorded in the petition that it had been prepared in the chamber of G. Mini, K. M.B Jayapal and P. Dutta, Advocates. P. Dutta identified Walter and also signed qua the Advocate representing Hari Ram. W. P. No. 332 was taken up for hearing on November 5, 2009 when Mr.S. K. Mandal, Counsel for the respondents therein, prayed for two weeks so that he might obtain necessary instructions. Accordingly, hearing was adjourned. It was again taken up for admission hearing on November 26, 2009 when after hearing Mr. Jayapal for Hari Ram and Mr. Mandal, for the respondents, the Single Judge disposed of it directing the collector concerned to conclude the proceedings initiated for the acquisition of the land according to provisions of the Land Acquisition Act, 1894 within six months from date of communication of the order.
(3.) Feeling aggrieved, the respondents in W.P. No. 332 moved M.A.T. No.1 of 2010 before the Division Bench. On January 29, 2010 the stay application was taken up for hearing. At the time of hearing Mr: H. R. Bahadur, Advocate, appeared and submitted that Hari Ram, whom he was representing, had not instructed anybody to file W.P. No. 332. Under the circumstances, the Division Bench held that the petition "is prima facie fraudulent", it directed the Superintendent of Police, South Andaman "to cause enquiry and file a report in a sealed cover", and the registrar of this Court to keep the records of W. P. No. 332 in his custody.;