Rakesh Ranjan Prasad, J. - (1.) HEARD learned counsel appearing for the petitioner and learned counsel appearing for the State -Vigilance. This application has been filed for quashing of the entire criminal proceeding of Vigilance P.S. Case No. 27 of 2000 (Special Case No. 14 of 2000) including the order dated 22.6.2013 whereby and whereunder learned Special Judge (Vigilance), Ranchi has taken cognizance of the offences punishable under Sections 420, 467, 468, 471, 477A, 423, 424, 109, 120B, 201 of the Indian Penal Code and also under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 against the petitioner.
(2.) BEFORE advertising to the submissions advanced on behalf of the parties, case of the prosecution needs to be taken notice of. It is the case of the prosecution that 12.15 acres of land of Mouza -Kamre, appertaining to Khata No. 60, Plot Nos. 1051 and 549 was belonging to ex -landlord Kailash Nath Bharti and Baijnath Dayal Bharti who settled the land (Chaparbandi settlement) to Krishna Ballabh Narayan Singh on 16.4.1948. Subsequently, the said Krishna Ballabh Narayan Singh sold the land to Smt. Bameshwari Devi on 7.4.1961 through registered sale -deed. Thereafter the land was mutated in her name and Jamabandi was opened in her name by the then Circle Officer. In course of time, the said land was sold to Abdul Hafeez in the year 1988 through registered sale -deed. Out of the said land measuring 12.05 acres, a piece of land measuring 4.05 acres of land was sold to Neelanchal Grih Nirman Samiti, Kamre on 16.8.1988 to which this petitioner is the Secretary. Thereupon, Circle Officer, Kanke mutated the name of the said Samiti against the land purchased by the Samiti, vide Mutation Case No. 324(R) -27/90 -91 on 28.8.1990, without verifying the factual position that the said land is Gairmajrua Malik land.
(3.) IT has been further alleged that rest of the land was sold to Smt. Geeta Singh whose name was also mutated by the Circle Officer against the land purchased by her, vide Mutation case No. 648(R) of 1990 -91 and Jamabandi was opened in her name. Subsequently, when the petitioner -Secretary of Neelanchal Grih Nirman Samiti sold the land to 18 persons, name of the 18 persons were also mutated by the Circle Officer against the land purchased by them in the year 1991 and 1992 -93.;