- (1.) THIS case has been filed for quashing of the entire criminal proceeding of Vigilance P.S. Case No.26 of 2000 (Special Case No.13 of 2000), including the order dated 20.11.2008, whereby and whereunder, cognizance of the offence punishable under Sections 420, 467, 468, 469, 471, 120B, 109, 201, 423, 424, 477A 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.
(2.) THE case of the prosecution as it appears from the F.I.R. is that certain pieces of land measuring 113.5 acres, appertaining to Khata No.140, Plot No.1114, situated at Village : -Bargaine, P.S. - Bariyatu, Ranchi though has been recorded as Gairmajurwa khas land, jamabandi was opened with respect to 103.84 acres of land in the name of the twenty persons. Subsequently, Additional Collector cancelled the Jamabandi which was standing in the name of those persons vide its order passed in Misc. Case No.19 of 1992 -93. Further case is that out of the said land measuring 113.5 acres, Krishnanachal Lal Grih Nirman Shahyog Samittee purchased 7.5 acres of land through three sale deeds in the year 1984 from Md. Suleman who claimed his right, title and interest over it through Sada Hukumnama. After purchasing the land, an application was filed before the then S.D.O., Sri P. N. Rai, in the year 1985 for opening Jamabandi in its name, but that prayer was rejected after holding that Jamabandi can be created in the name of the applicant only when the Jamabandi is first created in the name of the vendor. Thereafter on 14.07.1986, the Secretary of the Grih Nirman Shahyog Samittee filed another application before the Circle Officer, Ranchi, wherein, same prayer was made for opening of Jamabandi in the name of the society. On such application, Case No.16 of 1986 -87 was registered and the Halqua Karamchari as well as the petitioner submitted a report recommending therein for opening of Jamabandi in the name of the society. Accordingly, Prafulla Kumar Singh who at the time was the S.D.O. Ranchi, passed an order on 20.10.1986, whereby Jamabandi was ordered to be opened in the name of the society.
(3.) FURTHER case of the prosecution is that the S.D.O. when came to know about the illegality being committed by him by passing an order for opening of Jamabandi in the name of the society, he cancelled the earlier order vide its order dated 27.07.1988 on the basis of the report submitted by the petitioner and at the same time, direction was given to the L.R.D.C. to make enquiry in this regard. That enquiry was entrusted to then Circle Inspector, who after holding enquriy submitted its report to then Circle Officer -Naresh Kumar, who forwarded it to LRDC. He in turn, forwarded to then S.D.O. Rana Awadhesh , who had succeeded to earlier S.D.O. On receipt of the report, he passed an order that Jamabandi had rightly been opened. In such, situation, rent receipts were issued in the name of the Society after its name was mutated against the land.;