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2012 DIGILAW 898 (HP)

Roshan Bhardwaj v. State of Himachal Pradesh

2012-11-29

DHARAM CHAND CHAUDHARY, KURIAN JOSEPH

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Judgment Dharam Chand Chaudhary, J. This writ petition has been registered on the application of Shri Roshan Lal Bhardwaj, which he made to one of us (the Chief Justice). 2. The complaint herein is that State Vigilance and Anti-Corruption Bureau, Solan, has failed to take any action against the revenue officials/officers, who allegedly being hand-in-glove with the land mafia, transferred a big chunk of land in village Kohari illegally in favour of several persons. Such officials/officers allegedly pressurized the petitioner to withdraw the complaint, however, unsuccessfully, with the result that now the said officers/officials in connivance with the Land Mafia and the police of local Police Station, Kandaghat, have falsely booked the petitioner under Sections 145, 107, 150 Cr. P.C. in order to harass him and other members of his family so that the complaint, he made against them to the State Vigilance and Anticorruption Bureau, is withdrawn. Registration of a false case against him is stated to be the misuse of process of law, as he never encroached upon any land in village Kohari. He apprehends danger at the hands of local police to his life and also that of his wife, as they both are senior citizens and living alone in their house. The SHO of the Police Station and ASI Ashok Kumar allegedly fabricated the record, which to their knowledge is incorrect. 3. Consequent upon the process issued against the respondents, the 3rd respondent has filed reply to this petition, which reads as follows: “That in reply this para of the petition it is submitted that complaint dated 26.1.2009 was received in the office of Director General, State Vigilance & Anti Corruption Bureau, Shimla171002 which was registered as complaint No.900/2008(SLN)2556 dated 10.2.2009 against Revenue Officers/officials of Tehsil Kandaghat and sent for inquiry to Dy. S.P. SV&ACB Police Station, Solan, District Solan, Himachal Pradesh. The inquiry is being conducted by the Dy. Superintendent of Police, SV&ACB Solan, District Solan, which is in progress. As soon as the inquiry is completed the final report will be submitted accordingly.” 4. The order dated 26.7.2012 passed in this petition reads as follows: “There will be a direction to the Investigating officer in FIR No.10 of 2010 on the file of Police Station, Solan, to be present before this court with the case diary, on 7th August, 2012.” 5. Similar order came to be passed on 7.8.2012. The order dated 26.7.2012 passed in this petition reads as follows: “There will be a direction to the Investigating officer in FIR No.10 of 2010 on the file of Police Station, Solan, to be present before this court with the case diary, on 7th August, 2012.” 5. Similar order came to be passed on 7.8.2012. On the next date, fixed in this writ petition, i.e. 22.8.2012, the Investigating Officer in FIR No.10/2010 on the file of State Vigilance & Anti Corruption Bureau, Solan, attended this Court and also produced the record. On that date, a detailed order came to be passed in this writ petition, which reads as follows: “Investigating Officer of case FIR No.10/2010 under Sections 420/120-B IPC and 13(2) of the Prevention of Corruption Act, Police Station, State Vigilance & Anti Corruption Bureau, Solan, has produced the record, which reveals that the writ petitioner made a complaint dated 26.1.2009 to the Director General of Police, State Vigilance & Anti Corruption Bureau, Shimla, against revenue officials/officers of Tehsil Kandaghat qua transfer of big chunk of forest land in village Kohari to land mafia. The said complaint was entrusted to Dy. S.P., State Vigilance & Anti Corruption Bureau, Solan, for inquiry on 16.9.2009. He conducted the inquiry and submitted report to the Superintendent of Police, State Vigilance & Anti-Corruption Bureau, Southern Range, Shimla, who in turn, forwarded the same to Police Station, State Vigilance & Anti Corruption Bureau, Solan, for registration of a case against the culprits. This has led to the registration of FIR No.10 of 2010 in Police Station, State Vigilance & Anti-Corruption Bureau, Solan, on 16.6.2010. 2. On registration of the FIR, the police started investigation and during the course of investigation, the I.O. of the case made an application on 29.6.2010 to the A.C. 2nd Grade (Tehsildar), Kandaghat for demarcation of the land. No demarcation could take place on 12.8.2010, 18.8.2010 and 26.8.2010, may be due to rainy season. Then the demarcation was fixed for 26.2.2011, but on that date also, it could not be conducted for want of certain record, which was made available to the revenue department by the Investigating Agency and the land could only be demarcated on 23.12.2011, 24.12.2011 and 28.12.2011 on the spot, as per the demarcation report available on the record. 3. Then the demarcation was fixed for 26.2.2011, but on that date also, it could not be conducted for want of certain record, which was made available to the revenue department by the Investigating Agency and the land could only be demarcated on 23.12.2011, 24.12.2011 and 28.12.2011 on the spot, as per the demarcation report available on the record. 3. The investigation is now complete in all respects and the learned Deputy Advocate General, on instruction, has stated that the challan is under preparation and likely to be prepared on or before 31st August, 2012 and thereafter reference will be made for obtaining sanction to prosecute those accused who are public servants. 4. It is shocking to note that the investigation of a case registered long back in the year 2010, under the Prevention of Corruption Act apart from the provisions of Indian Penal Code, is not yet complete and the same presently is at the stage of preparation of challan. Such an inordinate delay itself speaks in plenty qua the concern of the investigating agency in a case of this nature where the alleged offence has been committed in connivance with the public servants. 5. Taking into consideration the gravity of the matter and in order to ensure speedy action, we deemed it proper to issue the following directions, in the interim: (i) The Investigating Agency shall ensure the preparation of the challan, in all probabilities, on or before 31.8.2012 and thereafter to move papers on or before 15.9.2012 to the competent authority for obtaining sanction to prosecute those accused persons, who are public servants. (ii) There will be a direction to the competent authority to take a decision on the reference made by the Investigating Agency and convey the same to the Superintendent of Police, State Vigilance and Anti Corruption Bureau, Southern Range, Shimla, positively on or before 31.10.2012. (iii) The Superintendent of Police, State Vigilance & Anti-Corruption Bureau, Shimla, on receipt of the prosecution sanction from the competent authority or otherwise shall proceed in the matter accordingly and file police report/challan in appropriate Court having jurisdiction over the matter on or before 9.11.2011. (iv) The Superintendent of Police, SV & Anti Corruption Bureau, Shimla is further directed to file compliance report on or before the next date. Post for consideration of remaining issues and further orders on 20.11.2012.” 6. (iv) The Superintendent of Police, SV & Anti Corruption Bureau, Shimla is further directed to file compliance report on or before the next date. Post for consideration of remaining issues and further orders on 20.11.2012.” 6. In compliance to the order ibid, Shri Arvind Kumar Sharda, Superintendent of Police, State Vigilance & Anticorruption Bureau, Southern Range, Shimla, has filed the affidavit on 7.11.2012. A perusal thereof reveals that the order ibid of this Court stands complied with, as the final report under Section 173 Cr. P.C., against the accused stands filed in the Court of Special Judge, Solan, on 6.11.2012. 7. In this view of the matter, the grouse of the petitioner that no action has been taken on the complaint he filed against the revenue officials/officers involved in transfer of forest land in the names of persons belonging to land mafia and that to the contrary it is he who is being pressurized to withdraw the complaint, does not survive and this petition qua that extent has turned infructuous. 8. As regards the case of the petitioner that on account of the complaint he made against the revenue officials/officers, a case under Sections 107, 150 and 145 Cr. P.C. has been registered falsely against him, the same stands belies from reply to the writ petition filed on behalf of respondents No. 1, 2, 5 and 7 to 9, and separate reply filed on behalf of respondents No. 4 and 6 for the reasons that complaint Annexure R-1 to the reply filed on behalf of respondents No. 1, 2, 5 and 7 to 9, made by the local residents of village Kohari, reveals that the petitioner has also encroached upon Shamlat land about 2 Bighas by fencing the same with barbed wire and proclaims the same to be his own land besides threatening them to implicate in false cases. 9. Another document Annexure R-2 is the application made by his wife Smt. Godawari for regularization of land bearing Khasra Nos. 140, 143 and 144, allegedly under their possession. On the basis of the complaint so made by the residents of village Kohari, a Rapat seems to have been entered by the local police in daily diary and after inquiry, a Kalandra under Sections 107, 145 and 150 Cr. 140, 143 and 144, allegedly under their possession. On the basis of the complaint so made by the residents of village Kohari, a Rapat seems to have been entered by the local police in daily diary and after inquiry, a Kalandra under Sections 107, 145 and 150 Cr. P.C, has been prepared and filed in the Court of Sub Divisional Magistrate, Kandaghat, as is apparent from reply to the writ petition filed on behalf of respondents No. 4 and 6. Not only this, but the petitioner had entered appearance before the Sub Divisional Magistrate, Kandaghat and the matter at the time of filing of reply was at the stage of recording prosecution evidence. It is not for this Court to comment upon the merits of Kalandra, which has to be determined by the Sub Divisional Magistrate seized of the matter. On this score, no relief can be granted to the petitioner as the law will take its own course. 10. Since the investigation of the case in FIR No.10/2010 is now complete and report under Section 173 Cr. P.C. has also been filed in the Court of Special Judge, Solan, we deem it proper to close this case as no other and further order is required to be passed in this petition. 11. With the above observations, the writ petition is accordingly disposed of. Pending application(s), if any, shall also stand disposed of.