- (1.) BY the Court. -Heard learned counsel appearing for the petitioner and learned counsel appearing for the Vigilance.
(2.) 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, 477 -A, 409, 120(B) 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. In the context of the present petitioner, the case of the prosecution is that one Tulsidas Kanodia sold 11 kathas of the land appertaining to plot No. 28 falling within the urban area of Ranchi on 1.7.1982 to this petitioner. Since the proceeding under the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as 'the Act') was going on, this petitioner filed an application before the competent authority for dropping of the proceeding so far 11 kathas of the land is concerned. That application was rejected on 6.7.1987 by holding that the deed of transfer is null and void. In spite of that, petitioner sold the land to Mahesh Prasad and Kameshwar Prasad on 12.6.1989 concealing the fact that his prayer for dropping of the proceeding with respect to that land had already been rejected by the competent authority. In spite of that, land was mutated in the name of the transferees which was in violation of the provision as contained in Section 5(3) of the Act. On such accusation, a case was registered against this petitioner and others by the Vigilance which was registered as Vigilance P.S. Case No. 28 of 2000 under Sections 423, 424, 467, 468, 469, 471, 477 -A, 409, 120(B) 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.
(3.) AFTER completion of investigation, charge -sheet was submitted, upon which cognizance of the offences punishable Under Sections 423, 424, 467, 468, 469, 471, 477 -A, 409, 120(B) 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 was taken against the petitioner and others, vide order dated 26.11.2009 which is under challenge.;