Sarbanand Sahu @ Sarwanand Sahu, aged about 65 years, son of Sri Haldhar Sahu v. The State of Jharkhand through Vigilance
Case Details
11/27.9.2024 2. Heard the parties. IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M.P. No. 3178 of 2023 ---- Sarbanand Sahu @ Sarwanand Sahu, aged about 65 years, son of Sri Haldhar Sahu, Resident of village-Kakaria, P.O. Kakaria, P.S. Lapung, District-Ranchi. .…..Petitioner Versus The State of Jharkhand through Vigilance. ---- …...Opposite Party.
Legal Reasoning
Coram: THE HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY For the Petitioner For the State -------- : Mr. Rajesh Kumar, Advocate : Mr. Dipankar, AC to Mr. Manoj Kumar, Advocate -------- In this application, the petitioner has prayed for quashing of the entire criminal proceedings in connection with Vigilance P.S. Case No. 33 of 2002 corresponding to Vigilance (Special) Case No. 38 of 2002 including the order dated 22.11.2017 passed by the learned Special Judge, ACB, Ranchi whereby and whereunder charges were framed against the petitioner for the offences punishable under sections 420, 423, 424, 467, 468, 469, 471, 477, 120B, 201 and 109 of the Indian Penal Code and Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988. 3. It has been submitted by Mr. Rajesh Kumar, learned counsel appearing for the petitioner, that the petitioner at the relevant point of time was working as a Revenue Karamchari and infact most of the accused persons who were involved in the so called illegal transaction included the Circle Officer as well as the Halka Karamchari and the criminal case instituted against the other persons involved in such fraudulent land dealings including the Circle Officer as well as the Halka Karamchari have been quashed by this Court. It has been submitted that the only dispute was with respect to the fact as to whether the land in question was Gairmazurwa Malik land but the rent receipts and other documents would indicate that it was one Samu Sao who was the owner of the land and subsequently on his death the property was inherited by his son Chandan Sao who had got his name mutated and his name was also opened to the Register-II. It has been submitted that consequently the land was transferred to the Secretary of Jai Bhawani Cooperative Society and thereafter the land was sold to several -2- persons. In such context therefore learned counsel for the petitioner submits that the petitioner being a Revenue Karamchari and in absence of there being any fraudulent land transactions, the entire criminal proceedings including the order framing charge deserves to be quashed and set aside. 4. Mr. Dipankar, learned A.C. to Mr. Manoj Kumar, learned G.A.III, has opposed the prayer made in the instant application and has submitted that the petitioner being the Revenue Karamchari was also instrumental in changing the nature of the land and the subsequent events which had taken place with respect to selling of the land was at the behest of the petitioner and the other accused persons. 5. The allegations reveal that some lands measuring 1.8 acres appertaining to Khata No.268, Plot No. 2983 situated at Mouza Argora was recorded in the record of right as Gairmazurwa Malik. In the year 1970-71 two rent receipts were issued against the said land in the name of one Samu Sao. After the death of Samu Sao, his son Chandan Sao had inherited the property and had got his name mutated against the aforesaid land in the year 1982-83. In course of time, Chandan Sao had sold 0.49 acres and 0.59 acres of land separately to Mr. Mahabir Kashi the then Secretary of Jai Bhawani Cooperative Society in the year 1988-91 who got his name mutated against the said land. It has been alleged that Awadhesh Kumar Sharma who was the Halka Karamchari had made a recommendation for mutating the land in favour of the Secretary of Jai Bhawani Cooperative Society and on a report submitted by the then Halka Karamchari, the Circle Inspector had made a recommendation for mutating the land and consequent thereto the Circle Officer Naresh Kumar had mutated the land in the name of Secretary of Jai Bhawani Cooperative Society. Subsequent thereto, the Secretary of Jai Bhawani Cooperative Society has sold the land to ten persons whose names were also mutated against the lands purchased by them. 6. It appears that Samu Sao had perfected his title on account of two rent receipts having been issued in his favour in the year 1970-71 and consequent thereto the entire sequence of events had taken place till the sale of the land to ten persons whose names were also mutated. The petitioner being the Revenue Karamchari was not at all in the picture when -3- the rent receipts were issued in favour of Samu Sao and infact the persons who had recommended for mutation of the name of the Secretary of Jai Bhawani Cooperative Society have already been given relief to the effect that the criminal case instituted against them have already been quashed by this Court. 7. There does not appear to be any iota of evidence which would indicate that the petitioner was instrumental in changing the nature of the land or having taken part in any fraudulent transaction during his tenure so far as the present case is concerned as a Revenue Karamchari and on consideration of the fact that the criminal case of other co-accused persons have already been quashed by this Court in Cr.M.P. No. 3338 of 2013, Cr.M.P. No. 1588 of 2013 and Cr.M.P. No. 709 of 2014 I am inclined to accede to the prayer made by the petitioner in this application. 8. Consequently, the entire criminal proceedings as against the petitioner including the order dated 22.11.2017 passed by the learned Special Judge, ACB, Ranchi in connection with Vigilance P.S. Case No. 33 of 2002 corresponding to Vigilance Special Case No. 38 of 2002 by which charge has been framed against the petitioner under sections 420, 423, 424, 467, 468, 469, 471, 477, 120B, 201 and 109 of the Indian Penal Code and Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 is hereby quashed and set aside. 9. This application stands allowed. Pending I.As, if any, stand closed. Rakesh/- (Rongon Mukhopadhyay,J)