- (1.) HEARD learned counsel appearing for the petitioner and learned counsel appearing for the Vigilance. This application has been filed for quashing of the entire criminal proceeding of Vigilance P.S. Case No.35 of 2002 [corresponding to Special Case No.41 of 2002] including the order dated 18.11.2009 whereby and whereunder cognizance of the offences punishable under Sections 420, 467, 468, 469, 471, 120B, 109, 201, 423, 434, 477 of the Indian Penal Code and Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act has been taken against the petitioner.
(2.) THE facts giving rise to this case is that ex-landlord A.T.Pepee was the rightful owner of the land measuring 1.50 acres appertaining to Khata No.191, Plot Nos. 875, 877 and 878 who by way of perpetual deed of lease dated 3.2.1939 settled the land to J.J.Field Niroj Esabul and Jhon Field. After transferring the land he left the country and went to Scotland. In course of time, Niroj Field sold the land in the year 1947 to R.Bosseyet, Director of chotanagpur Catholic Society. In the year 1983 said R. Bosseyet transferred the land by way of deed of gift to society of Jesus Marry Joseph. On the basis of said deed of gift, the petitioner who at the relevant point of time was posted as Circle Officer, Town Anchal, Ranchi mutated the land in the name of Sister Anna Maria Gali, the Convener of the said Society and accordingly Register II was opened. When the land was mutated in the name of transferee, the authority of the State challenged that order before the Appellate Court who reversed the order. Against that order, a Revision application was preferred and the revisional court by setting aside the order of the appellate court, affirmed the order passed by the Circle Officer. In spite of that a case was registered as Vigilance P.S. Case No.35 of 2002 on the premise that when a person a foreign national to whom land was settled left the country, the land vests upon the State and in that event, mutation cannot be made against the person who claimed the land through the person who left the country and also on the premise that relevant records were found missing and some interpolations were found being made in some revenue records.
(3.) THE mater was taken up for investigation. On completion of the investigation, the charge-sheet was submitted, upon which cognizance of the offences punishable under Sections 420, 467, 468, 469, 471, 120B, 109, 201, 423, 434, 477 of the Indian Penal Code and Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act has been taken against the petitioner. That order has been challenged.;