Bijali Lata Sinha and Others vs State of Jharkhand and Others

Rongon Mukhopadhyay, J.—Heard Mr. Ajay Kumar Singh, learned counsel for the petitioners. No one appears on behalf of the State.

In this application, the petitioners have challenged the entire criminal proceedings in connection with Giridih Sadar (Nagar) P.S. Case No. 161 of 2013 corresponding to G.R. Case No. 1691 of 2013, which has been instituted for the offence punishable under sections 406, 420, 467, 468/34 of the Indian Penal Code.

It appears that a First Information Report was instituted on the basis of a written complaint made by one Om Prakash Agarwal, who happens to be the Director of M/s. Bal Mukund Spanj and Iron Company Ltd., to the effect that the Company had purchased 30 acres of land under Khata No. 271 bearing R.S. Plot No. 2288 Taozi No. 10, Revenue Thana No. 268, situated at Mouza Gadi Shirampur, P.S. Giridih(M). District-Giridih through a registered Sale Deed dated 16.6.2004 from the accused persons. Subsequently, it had come to the knowledge of the informant that the said purchased land is a forest land and comes within the forest area and, therefore, as per the informant, the accused persons had conspired and sold the forest land to the Company.

Learned counsel for the petitioners submits that no allegations have been made out in the FIR, rather the entire case seems to be of civil nature, for which no criminal prosecution can be levied against the petitioners. He has further submitted that although the land was sold in the year 2004, present case has been instituted after a considerable delay.

After hearing learned counsel for the petitioners and after going through the records, I find that in the written complaint, there is specific allegation against the petitioners at paragraphs 6, 7 and 8 that they have sold the forest land to the informant. Moreover, it appears that this fact had come to the notice of the informant on the letter written by the Divisional Forest Officer, Giridih on 9.4.2013, wherein it was stated that 30 acres of land, which had been purchased by the informant, was a forest land. Therefore, it cannot be said that the informant had deliberately delayed in filing the criminal case inasmuch as after the letter was received by the Divisional Forest Officer, Giridih, immediately the present written report was submitted and the criminal machinery was put into motion. Learned counsel for the petitioners has submitted that investigation in this case is still going on. In view of the fact that the investigation into the case is continuing and a specific case for the offence under the provisions of Indian Penal Code, as mentioned in the FIR, having been made out against the petitioners, I am not inclined to interfere by invoking the inherent powers of this Court under section 482 Cr.P.C. Accordingly, finding no merit in this case, the same is dismissed.