Manjari Sinha @ Manjari Devi, wife of Dr. T. R. D. Sinha v. State of Jharkhand through Vigilance
2022-05-05
ANIL KUMAR CHOUDHARY
body2022
DigiLaw.ai
JUDGMENT : Anil Kumar Choudhary, J. Heard the parties. 2. This Criminal Miscellaneous Petition has been filed with a prayer for quashing the entire criminal proceedings in Special Case No.14 of 2000 corresponding to Vigilance Case No.27 of 2000 as well as the cognizance order dated 22.06.2013 passed by the Special Judge, Vigilance, Ranchi by which cognizance has been taken of the offences punishable under Section 420, 467, 468, 471, 477A, 423, 424, 109, 120B, 201 of the Indian Penal Code and under Section 13 (1) (d) read with Section 13 (2) of the Prevention of Corruption Act, 1988 inter-alia against the petitioner. 3. The case of the prosecution in brief is 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 was settled by them (Chaparbandi settlement) to Krishna Ballabh Narayan Singh and subsequently, the said Krishna Ballabh Narayan Singh sold the land to Smt. Bameshwari Devi on 07.04.1961 through registered sale-deed and subsequently the land was mutated in the name of Smt. Bameshwari Devi and Jamabandi was opened in her name by the then Circle Officer. Thereafter, 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 was sold by Abdul Hafeez to Neelanchal Grih Nirman Samiti, Kamre and subsequently the Secretary of the said Neelanchal Grih Nirman Samiti, Kamre sold the said lands by way of small plots of land to several persons including the petitioner whose name appears at serial No.09 of the persons to whom the land has been sold by Neelanchal Grih Nirman Samiti, Kamre, in page-3 of the F.I.R. and the name of the petitioner has cropped up only in the third charge-sheet filed by the Investigating Officer on 03.12.2010 being charge-sheet No.66 of 2010. Thereafter, vide order dated 22.06.2013, the learned Special Judge, Vigilance, Ranchi has taken cognizance inter alia for the offences punishable under Sections 420, 467, 468, 471, 477A, 423, 424, 109, 120B, 201 of the Indian Penal Code and under Section 13 (1) (d) read with 13 (2) of the Prevention of Corruption Act, 1988. 4. Learned counsel for the petitioner submits that the petitioner is an innocent lady.
4. Learned counsel for the petitioner submits that the petitioner is an innocent lady. It is next submitted that Abdul Hafiz who sold the land in question to Neelanchal Grih Nirman Samiti, Kamre who ultimately sold the land to the petitioner, filed Title Suit No.151 of 2001 in the court of Subordinate Judge-V, Ranchi and vide judgment dated 18th September, 2007, the learned Subordinate Judge-V, Ranchi has decreed the suit filed with a prayer for decree declaring the title of the plaintiff over the land detailed in Schedule-A of the plaint out of which, a portion of land has been purchased by the petitioner from Neelanchal Grih Nirman Samiti, Kamre and it is next submitted that the State of Jharkhand through the Deputy Commissioner, Ranchi and others are the defendants of the said Title Suit No.151 of 2001 and the said decree has attained finality and the State has not preferred any appeal against the said judgment and decree passed dated 18th September, 2007 by the the learned Subordinate Judge-V, Ranchi in the said Title Suit No.151 of 2001. It is next submitted that there is no fraud committed by the petitioner nor there is any conspiracy in which the petitioner is involved in respect of purchase of the said land. It is further submitted that cognizance of the offence in the same case taken against the alleged main conspirator Mahendra Prasad Singh, has been quashed by a co-ordinate Bench of this Court vide order dated 16.05.2013 passed in Cr.M.P. No.191 of 2008 and similarly the cognizance of the offence in respect of other co-accused being Dr. Shambhu Sharan Lal who was the Secretary of Neelanchal Grih Nirman Samiti, Kamre has also been quashed by a co-ordinate Bench of this Court vide order dated 13.02.2015 passed in Cr.M.P. No.2593 of 2013 and the order of cognizance so far as it relates to Shree Narayan Choudhary who was the Circle Inspector, has been quashed and set aside vide order dated 19.07.2021 passed in Cr.M.P. No.3035 of 2013 and the cognizance order against Shekh Hafiz taken, has been quashed vide order dated 11.02.2016 passed in Cr.M.P. No.2688 of 2013 and the said orders have reached finality as the State has not challenged the said orders. It is next submitted that the continuation of proceedings against the petitioner amounts to abuse of the process of court.
It is next submitted that the continuation of proceedings against the petitioner amounts to abuse of the process of court. Hence, it is submitted that the cognizance order dated 22.06.2013 so far as it relates to the petitioner be quashed and set aside. 5. The learned Spl. P.P. appearing for the State submits that there is specific allegation against the petitioner and others of being in criminal conspiracy with the co-accused public servants and committing forgery and cheating and other allied offences punishable under the penal provisions of Indian Penal Code as well as Section 13 (1) (d) read with 13 (2) of the Prevention of Corruption Act, 1988 but fairly submits that the cognizance of the offence so far as it relates to the Circle Inspector- Shree Narayan Choudhary and Shekh Hafiz who was the Halka Karmchari, has been quashed. It is next submitted that there are overwhelming materials against the petitioner, thus, this petition, being without any merit be dismissed. 6. Having heard the submissions made at the Bar and after going through the materials in the record, this Court finds that there is no allegation against the petitioner that any document was manufactured or forged by the petitioner and the allegation against the petitioner is also insufficient to attract the penal provisions of Section 467, 468, 471 of the Indian Penal Code and as there is no allegation of falsification of any amount of any entry in the books, so the offence under Section 477 A of the Indian Penal Code is also not made out against the petitioner. There is no allegation of any fraudulent execution of deed of transfer containing false statement nor is there any allegation of fraudulently concealing or removing any property by the petitioner which could attract an offence under Section 424 of the Indian Penal Code nor the elements of Section 415 of the Indian Penal Code has been brought on record to attract an offence punishable under Section 420 of the Indian Penal Code. 7.
7. Admittedly, the petitioner is not a public servant rather she is the bonafide purchaser of the land from Neelanchal Grih Nirman Samiti, Kamre in whose name there Jamabandi was created, several years after the coaccused Mahendra Prasad Sinha did the alleged fraudulent act as though the land was sold to Neelanchal Grih Nirman Samiti, Kamre on 16.08.1988, the petitioner purchased the land in the year 1991 and the land has been mutated in her name in the year 1991-92. There is no whisper that the petitioner had any contact with any of the co-accused public servants before she purchased the land from Neelanchal Grih Nirman Samiti, Kamre. Under such circumstances, this Court is of the considered view that the continuation of this criminal proceedings against the petitioner amounts to abuse of process of court. 8. Therefore, the entire criminal proceedings in Special Case No.14 of 2000 corresponding to Vigilance Case No.27 of 2000 as well as the cognizance order dated 22.06.2013 passed by the Special Judge, Vigilance, Ranchi under which cognizance of the offence has been taken against the petitioner, is hereby quashed so far as it relates to the petitioner. 9. In the result, this Cr.M.P. is allowed.