RONGON MUKHOPADHYAY, J. - (1.) HEARD Mr. P.P.N. Roy, learned senior counsel for the petitioner and Mr. T.N. Verma, learned counsel for the State. Since the opposite party no. 2 had died during pendency of this proceeding, as such vide order dated 17.1.2008, the name of the opposite party no. 2 was deleted from the cause title.
(2.) IN this application, the petitioner has prayed for quashing the entire criminal proceeding in connection with Gumla P.S. Case No. 243 of 2000 including the order dated 4.7.2001, whereby and whereunder cognizance has been taken for the offence under sections 420/467/468 of the Indian Penal Code and section 3 (V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. (The Act for short)
(3.) THE prosecution story, as would appear from the FIR instituted by one Ganesh Oraon, is to the effect that Plot No. 748, khata no. 357 in village Baraik in the district of Gumla, area 2 decimals and plot no. 749 in the same khata, area 7 decimals, was recorded in the name of the informant's father namely late Lalu Oraon. It has been alleged that one Rajendra Prasad after preparing forged documents sold the land of the informant's father to the petitioner, who was the President of Chitragupt Maha Parivar. It was alleged therein that mutation of the land was done by the Circle Officer, Gumla and illegally a house was constructed over the said land by the petitioner as well as by Rajendra Prasad. It has further been alleged therein that the sale deed, which was prepared by Rajendra Prasad, had a signature of his father dated 6.5.1975, whereas the informant's father had already died in the year 1973, for which several letters were given by the informant to the Circle Officer but which did not yield any result and ultimately it led the informant to institute the present criminal case. After investigation was conducted, the police having found the case to be true submitted chargesheet on 8.6.2001 for the offence under sections 420, 467 and 468 of the Indian Penal Code and section 3 (V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the petitioner and one Rajendra Prasad and thereafter vide order dated 4.7.2001 cognizance was taken by the learned Chief Judicial Magistrate, Gumla for the offences punishable under the aforesaid sections. Learned senior counsel for the petitioner submitted that no criminal liability can be fastened upon the petitioner in view of the fact that the petitioner is alleged to have purchased the land in the status of being the President of Chitragupt Maha Parivar from Rajendra Prasad, who is alleged to have purchased the same from the father of the informant. Therefore, even if the allegations are taken to be true, the same are against Rajendra Prasad and not against the present petitioner. Learned senior counsel for the petitioner has further stated that the allegation of the informant that the sale deed had the signature of his father on 6.5.1975 and that his father has already expired in the year 1973 is falsified from the fact that the order granting bail to Rajendra Prasad dated 14.12.2000 indicated that from the records, which were called for from the District Record Room, Gumla, it appears that father of the informant was a pension holder and had drawn pension till 8.6.1982. Learned senior counsel, thus, submits that in absence of any allegation against the petitioner, the entire criminal proceeding including the order taking cognizance is liable to be quashed.;