- (1.) HEARD the learned counsel appearing for the petitioner and the learned counsel for the Vigilance.
(2.) THIS application has been filed for quashing of the entire criminal proceeding of Vigilance Case No. 33 of 2002 (Special Case No. 38 of 2002) registered under Sections 420/423/424/467/468/469/471/477/ 201/120 B/109 of the Indian Penal Code and also under Section 13(1) (d) read with Section 13 (2) of the Prevention of Corruption Act, 1988 as well as the order dated 18/11/2009, whereby and whereunder cognizance of the offence punishable under Sections 420 /423 /424/ 467/ 468/ 469/ 471/ 477 / 201 /120B /109 of the Indian Penal Code and also under Section 13(1) (d) read with Section 13 (2) of the Prevention of Corruption Act, 1988, has been taken against the petitioner. The facts, giving rise to this application, are that certain land measuring total area of 10.95 acres, appertaining to Khata No. 360, Plot No. 1260 situated at Mouza Hundru was recorded in record of right as Gairmazurwa Land. Out of the said land measuring 10.95 acres Jamabandi with respect to land measuring 3.12 acres was opened in the name of Chandan Sao S/o Samu Sao and Bharat Sao. Much thereafter, one rent receipt was issued in the year 1968 in favour of Chandan Sao and Bharat Sao, who, subsequently, sold the land to Mahavir Kashi, the then Secretary of Jai Bhawani Cooperative Society in the year 1988 89, whose name was mutated in the records of right by the then Circle Officer Sri J.N.Singh. Immediately thereafter, the Secretary of Jai Bhawani Cooperative Society sold the land to the Members of the Society. After purchasing the land, the Members of the Society made applications for mutating the land in their favour. Acting upon those applications, mutation cases were registered as 1970/1988 89, 1969/88 89, 2288/89 90, 2291/89 90 and 2405/89 90 and then order was passed for mutating the names of the Members of the Society against the lands purchased by them.
(3.) SINCE the land initially had been recorded as Gairmazurwa Land, transfers of said land to different persons were considered to be illegal and, therefore, a case was lodged by the Inspector, Vigilance against several persons including this petitioner on the allegation that all those persons have committed offence of forgery, cheating and misappropriation etc.;