THE HIGH COURT OF JHARKHAND AT RANCHI
Transcription
THE HIGH COURT OF JHARKHAND AT RANCHI
THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. 381 of 2015 Ram Kumar Madhesia @ Ram Kumar Madheshiya, S/o Sri Prayag Prasad, R/o Airport Road, Hinoo, PO Doranda, PS Doranda,District Ranchi(Jharkhand)............ Petitioner Vs. The State of Jharkhand through the Central Bureau of Investigation(CBI) With .......... Opposite Party Cr.M.P. 382 of 2015 Bhogendra Thakur, S/o Late Sahdeo Thakur, R/o Gandhi Maidan, Matwari (South Part), PO & PS Hazaribagh, District Hazaribagh(Jharkhand) ............ Petitioner Vs. The State of Jharkhand through the Central Bureau of Investigation(CBI) .......... Opposite Party CORAM: HON'BLE MR. JUSTICE R.R.PRASAD ---------For the petitioners :Mr. Indrajit Sinha, Advocate For the Opposite Parties :Mr. K.P.Deo,Advocate ---------th 03/Dated:20 March, 2015 Both the applications arising out of the same case were heard together and are being disposed of by the common order. Both these applications have been filed on behalf of petitioners for quashing of the entire criminal proceedings of R.C. Case No. 15(A) of cognizance dated 2012-D 19.1.2015 including whereby the and order taking whereunder cognizance of the offence punishable under section 120B read with Sections 201,423,424, 420,467,468 and 471 of the Indian Penal Code and Section 13(2) read with Section 13(1) (d) of the Prevention of Corruption Act, 1988 was been taken by the Special Judge,C.B.I., Dhanbad. Learned counsel appearing on behalf of petitioners submits that the petitioners are being prosecuted as they registered the sale deeds with respect to lands which were non-transferable in nature on the basis of no objection certificates which later on were found to be forged. Learned counsel by referring charge sheet further submits that in the year 1993 the to the then 2 Deputy Commissioner cum District Registrar, Deoghar got a list of transferable as well as non-transferable land prepared on the basis of Khatiyan for different Mauzas of all the circles of Deoghar. The said list was made available to the office of District Sub-Registrar so, that he may refer it at the time of registration of the sale deed. That practice was done away with on and from 14.1.2004 when a new Circular was issued wherein a seller has to file application before the Circle Officer that the land which is intended to be transfered is a transferable land and on such application, inquiry is supposed to be made by the Circle Officer. On inquiry, when it is found that land is transferable, 'no- objection certificate' is to be issued and only then the sale deed is to be registered by the Deputy Sub-Registrar. The petitioners followed the same procedure when 'no objection certificate' was produced before them but, as because, no objection was found to be forged the petitioners are being prosecuted which is quite illegal as admittedly, no role had been played by the petitioners in issuance of forged no-objection certificate. Further more, no allegation is there that these petitioners did it with dishonest intention for getting undue pecuniary advantage. If that factum is absent petitioners are not liable to be prosecuted in view of decision rendered in the case of C.K.Jaffer Sharief Versus State through CBI( 2013)1 SCC 205. Further it was submitted that even if 'no objection certificate' was forged knowledge of which the petitioners did have he can not refuse to register the sale deed in view of provisions as contained in Section 71 and 74 of the Registration Act, which proposition has been laid down by this Court in a case of Tarkeshwar Prasad passed in W.P.(C) no. 4089 of 2013, which was affirmed in L.P.A. no. 467 of 2014. Further, it was submitted that only because the petitioners did not refer to a list which was prepared in the year 1993 they are being prosecuted, though, after 14.1.2004 when new practice was adopted, earlier practice which was there since 1993, had been done away with and hence under these circumstances petitioners cannot be said 3 to have committed any offence either under the provision of Indian Penal Code or under Prevention of Corruption Act. Mr. Deo learned counsel appearing on behalf of C.B.I. submits that a plea is being taken on behalf of petitioners that the practice which was there since 1993, of referring to the list maintained in the office of District Sub-Registrar at the time of registration of the sale deed, got dispensed with on and from 14.1.2004 is not correct, as the CBI in its charge sheet has categorically alleged that these petitioners willfully did not refer to the list prepared in the year 1993 and that apart the petitioners did act upon 'no objection certificates' which were forged and under the circumstances dishonest intention can be attached from both the facts and thereby the trial court has rightly taken cognizance of the offences punishable either under Indian Penal Code or Prevention of Corruption Act. Having heard counsel for the parties, I find that the plea which has been taken on behalf of petitioners is that petitioners were never required to refer the list which have been prepared in the year 1993, as that practice got dispensed with as soon as new order was passed on 14.1.2004, whereby a District Sub Registrar used to have no objection certificate for registering the sale deed. On the other hand, stand which has been taken by the CBI is that the practice which was there from 1993 had never been dispensed with, rather, in addition to that the order passed on 14.1.2004 is to be adhered to by the registering authority, before the sale deed is registered. Those safeguard were taken for the reason that a person mischievously may not get a land registered which is a non-transferable land. Thus, at this stage, it cannot be decided as to whether the practice prevailing since 1993 was to be adhered or not or only the process initiated after 14.1.2004 was to be adhered to. This can only be raised or thrashed out at an appropriate stage. Accordingly, I am not inclined to interfere with the order taking cognizance hence, these two applications stand 4 dismissed. However, before parting with this order it be recorded that the findings recorded for the purpose of disposal of the case will not be prejudicial to the case of the petitioners. (R.R.Prasad,J.) Nibha