Jharkhand High Court
Shyam Kishore Prasad vs The State Of Jharkhand Through The ... on 15 July, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 1470 of 2015
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Shyam Kishore Prasad. Petitioner(s)
Versus
The State of Jharkhand through the Dy. Superintendent
of Vigilance, Bureau, Ranchi. Opp. Party(s)
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CORAM : HON'BLE MR. JUSTICE ANANDA SEN.
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For the petitioner(s): Mr. Mritunjay Choudhery, Advocate.
For the State: Mrs. Priya Shrestha, Spl. P.P.
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16/15.07.2022: Heard the parties.
2. This petition has been filed for quashing the entire criminal proceeding of
Vigilance P.S. Case No. 27/2000 (Special Case No. 14/2000) including the order dated
22.6.2013 whereby, the learned Special Judge (Vigilance) Ranchi has taken cognizance
of the offenses 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 and issued the summon against the
petitioner.
3. Counsel for the petitioner submits that this Court in Cr.M.P. Nos. 191 of
2008, 2593 of 2013 and 2669 of 2013 has quashed the criminal proceeding, in fact, the
same order is in relation to other co-accused persons. He further submits that the case
of this petitioner on much better footing as this petitioner had purchased the land from
Dr. Shambhu Sharan Lal, who happens to be the Secretary of the Cooperative Society.
The criminal proceeding against said Dr. Shambhu Sharan Lal was quashed in Cr.M.P.
No. 2593 of 2013. The Officers who mutated the land in the name of other accused and
the purchasers filed quashing application, wherein the criminal proceedings have also
been quashed by Co-ordinate Bench of this Court in several Criminal Misc. Petitions.
The Order dated 13.2.2015 passed in Cr.M.P. No. 2593 of 2013 has been brought to the
notice of this Court during the course of argument and other other orders are also
available on record as annexures to this petition.
4. 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 belonging to ex-landlord Kailash
Nath Bharti and Baijnath Dayal Bharti. They 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. Said land was sold to
Neelanchal Grih Nirman Samiti, Kamre on 16.8.1988 to which Dr. Shambhu Sharan Lal
is the Secretary. Thereupon, the 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.
5. It is further alleged that the land were sold to several other persons
including this petitioner. Further the land was mutated in the name of this petitioner.
6. On the said allegation, a case was registered against number of person
including this petitioner on the premise that the land in question was recorded as
Gairmajrua Malik land and the nature of it was 'Parti Patthal' which was settled by the
then ex-landlord to other persons on 16.4.1948, though there was prohibition of
transferring of land after 1.1.1946 under the Land Reforms Act, 1950. In spite of that,
this petitioner as well as other Circle Officers by misusing the official position mutated
the name of the transferees against the land settled by them, though they should have
initiated a proceeding under Section 4H of the Bihar Land Reforms Act.
7. On such allegation, a case was registered as Vigilance P.S. case no.27 of
2000 corresponding to Special Case No.14 of 2000. On submission of the charge
sheet, cognizance of the offences was taken under Sections 467, 468, 471, 477A,
423,424, 402, 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, vide order dated
22.06.2013, which is under challenge.
8. After going through the record and the judgments which is on record, I find
that the petitioner has purchased the land. The land also stood mutated in the name of
this petitioner. The Secretary, Grih Nirman Samiti from whom the petitioner had
purchased the land, filed an application under Section 482 Cr.P.C. That application was
heard and the said case was quashed in Cr.M.P. No. 2593 of 2013. The Co-ordinate
Bench in Cr.M.P. No. 191 of 2008 vide order dated 16.5.2013 has also quashed the
criminal proceeding against the Circle Officer- Mahendra Prasad. Since Cr.M.P. No.
2593 of 2013, Co-ordinate Bench of this Court has also quashed the criminal
proceeding of Dr. Shambhu Sharan Lal from whom the petitioner has purchased the
land, I find that the case of the petitioner stands on better footing than that of Dr.
Shambhu Sharan Lal. As the petitioner was subsequent purchaser, no offence is made
out against this petitioner, more so when the criminal proceeding of the petitioner's
vendor was quashed.
9. Accordingly, 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 under which
cognizance of the offence has been taken, is hereby quashed, so far it relates to the
petitioner.
10. In the result, this application stands allowed.
Anu/-CP3. (ANANDA SEN, J.)
