Patna High Court - Orders
Pramod Kumar Singh vs The State Of Bihar on 18 September, 2017
Author: Ashwani Kumar Singh
Bench: Ashwani Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38013 of 2017
Arising Out of PS.Case No. -280 Year- 2017 Thana -ARA NAWADA District- BHOJPUR
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Pramod Kumar Singh
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Y. V. Giri, Sr. Adv.
Mr. Nikhil Kumar Agrawal, Adv.
Ms Aditi Hansaria, Adv.
For the Opposite Party/s :
Mr. Uday Pratap Singh, APP
Mr. Santosh Kumar, Adv.
Mr. Sanjay Kumar, Adv.
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CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
ORAL ORDER
4 18-09-2017This application under Section 482 of the Code of Criminal Procedure (for short „Cr.P.C.‟) has been filed by the petitioner for quashing Ara Nawada P.S.Case No. 280 of 2017 dated 15.07.2017 registered under Sections 419, 420, 467, 468, 471 and 120-B/34 of the Indian Penal Code (for short „IPC‟).
2. The First Information Report of Ara Nawada P.S.Case No. 280 of 2017 was instituted on the basis of written complaint dated 15th July, 2017 of the Officer-in-Charge of Ara Nawada Police Station addressed to the Chief Judicial Magistrate, Bhojpur at Ara alleging therein as under :-
(a) That vide letter bearing Memo No. 2830/17 dated 27 th June, 2017, an order was issued by the Sub-Divisional Patna High Court Cr.Misc. No.38013 of 2017 (4) dt.18-09-2017 2/9 Police Officer, Ara to register an FIR with respect to registry of the land of Methodist Church in India to private individuals;
(b) That upon land bearing Thana No. 237, Khata No. 1766, Khesra No. 2600 and 2601 as well as several other Khesra numbers situated at Mauza Ara, there is a land of Methodist Church in India "Kaisr-e-Hind".
Apart from a church, there is an office of Mounted Military Police, Ara upon the said land and the said land is utilized by the said Mounted Military Police for carrying out parade and for horse-riding exercise;
(c) That one Mr. Johnson T. John (Pri), Chairman of Indian Church of Trustees issued a power of attorney to Mrs. Namrata Singh and Mrs. Manju Singh (partners of Astha Developers) with respect to the abovementioned land. The said power of attorney holders sold the abovementioned land to several individuals by way of several sale deeds. The said sale deeds were registered despite the fact that the said land is "Kaisr-e-Hind";
(d) That the abovementioned two persons have sold several lands to their relatives by executing 13 deeds Patna High Court Cr.Misc. No.38013 of 2017 (4) dt.18-09-2017 3/9 on 7th October, 2016, two deeds on 15th November, 2016 and one deed on 18th January, 2017;
(e) That the Registrar of the Registry Office, Ara registered the abovementioned sale deeds without carrying out any investigation/enquiry in this regard, which makes it evident that he is involved in the abovementioned conspiracy;
(f) That "Kaisr-e-Hind" land belongs to the Government of India/State of Bihar and registering such land in the name of private persons is an offence punishable under Sections 419, 420, 467, 468, 471/34 and 120-B of the IPC.
3. Mr. Y. V. Giri, learned Senior Advocate appearing for the petitioner submitted that though the petitioner has not been specifically named in the FIR but he has been made an accused by virtue of his office. The person referred to as the then Registrar in the FIR is none other than the petitioner since he had been posted at the relevant time as the District Sub-Registrar, District Registry Office, Ara and was exercising all the powers of the Registrar except the power of supervision. He has stated that the sale deeds in question executed on 7th October, 2016, 15th November, 2016 and 18th January, 2017 were duly registered by the petitioner and Patna High Court Cr.Misc. No.38013 of 2017 (4) dt.18-09-2017 4/9 it was the petitioner, who had been specifically named as a contemnor in MJC No. 2899 of 2016 and it was he, who had sought permission from the Additional Collector, Ara, to register the lands in question in view of the orders of this Court.
4. Mr. Giri, learned Senior Advocate has submitted that the Government of Bihar had declared the land appertaining to Khata No. 1766 C.S. Khesra Nos. 2600, 2601, 2677 to 2682, 3090 and 3247 measuring total area of 1.406 hectares in the list of "banned" Government land thereby clamping a ban over registration of any document of conveyance thereto. The Methodist Church in India challenged the said ban order of the Government of Bihar by filing writ petition before this Court on 17th May, 2013, which was registered as C.W.J.C. No. 11458 of 2013. This Court, vide order dated 2nd March, 2016 passed in the aforesaid C.W.J.C. No. 11458 of 2013, allowed the said writ petition filed by the Methodist Church in India thereby quashing the inclusion of the aforesaid land from the list of banned land of the Government. He has submitted that the respondent State was restrained from interfering with the right, title and possession of the Church over the land in question. He submitted that subsequently the Methodist Church in India filed MJC No. 2213 of 2016 on 20th June, 2016 for modification of the order dated 2nd Patna High Court Cr.Misc. No.38013 of 2017 (4) dt.18-09-2017 5/9 March, 2016 passed in C.W.J.C. No. 11458 of 2013 as certain Khesra numbers were missed out in the previous order and, vide order dated 29th June, 2016, the said order dated 2nd March, 2016 was accordingly modified by this Court. He has submitted that thereafter the Methodist Church in India, vide letter dated 10th June, 2016 filed a representation before the Collector, Bhojpur, Ara to issue order removing the ban from registering instruments pertaining to the aforesaid land. While the matter was still pending, on 11th August, 2016, MJC No. 2899 of 2016 was filed by the Methodist Church in India for willful disobedience of the order dated 2nd March, 2016 passed in C.W.J.C. No. 11458 of 2013 as registration of the instruments pertaining to the land in question was still not allowed by the respondent State.
5. Mr. Giri, learned Senior Advocated has further submitted that in view of the order passed by this Court in C.W.J.C. No. 11458 of 2013, the petitioner, vide letter no. 1068 dated 28th September, 2016, requested the Additional Collector, Bhojpur, Ara to lift the ban on registration of the land in question enabling him to complete the registration of the documents presented for registration pertaining to the land in question, whereafter, the Additional Collector, Bhojpur, Ara gave permission to the petitioner vide letter no.1525 dated 4 th October, Patna High Court Cr.Misc. No.38013 of 2017 (4) dt.18-09-2017 6/9 2016 to register the deed with respect to the land in question so that a suitable show cause showing compliance could be filed in MJC No. 2899 of 2016. He has submitted that vide letter bearing Memo No. 1097 dated 13th October, 2016 the petitioner informed the Additional Collector, Bhojpur, Ara that 13 sale deeds have been registered with respect to the land in question on 7 th October, 2016 and accordingly the said information may be provided in the show cause to be filed in MJC No. 2899 of 2016.
6. Mr. Giri, learned Senior Advocate has submitted that the respondent State preferred intra-court appeal vide LPA No. 2042 of 2016 against the order dated 2nd March, 2016 on 18th October, 2016. He has submitted that the said appeal was filed by the State after registering the instruments on 7th October, 2016. He has contended that the petitioner was neither informed regarding filing of the abovementioned LPA nor was he directed to refuse the registration of the instruments pertaining to the land in question. He has submitted that the aforesaid LPA No. 2042 of 2016 has also been dismissed by the Division Bench vide order dated 18th July, 2017 thereby affirming the order dated 2nd March, 2016 passed by this Court and refusal to register the instruments pertaining to the land in question would have been contempt of the order of this Court dated 2nd March, 2016 passed in C.W.J.C. Patna High Court Cr.Misc. No.38013 of 2017 (4) dt.18-09-2017 7/9 No. 11458 of 2013. He has submitted that as per the provisions of para 105 of the orders and instructions of Bihar Registration Manual Vol-II, it is incumbent upon the registering officer to satisfy himself with regard to the power of an agent to deal with the property forming the subject matter of the deed if he himself has executed the document. His duty is confined to the question whether the persons purporting to have executed the instrument have in fact done so or not. He has submitted that the ingredients of the offence alleged under Sections 419, 420, 467, 468, 471 and 120-B of the IPC cannot be attracted against the petitioner merely because some agent of Methodist Church in India has executed the sale deed on the basis of a power of attorney.
7. Advancing his argument, Mr. Giri, learned Senior Advocate has submitted that three writ petitions have been filed before this Court by the other accused persons of this case, which are Cr.W.J.C. Nos. 1264 of 2017, 1286 of 2017 and 1313 of 2017 and, in those cases, while granting adjournment to the respondent State for filing counter affidavit, a coordinate Bench of this Court has directed not to take coercive steps against the petitioners of those cases. He has submitted that those cases are also running on the list and are likely to be taken up in due course.
8. Per contra, Mr. Uday Pratap Singh, learned Patna High Court Cr.Misc. No.38013 of 2017 (4) dt.18-09-2017 8/9 Additional Public Prosecutor appearing for the State has contended that the allegations made in the FIR do attract the ingredients of a cognizable offence and since the matter is under investigation, it would not be proper for this Court to quash the FIR in exercise of power conferred under Section 482 of the Cr.P.C. He has submitted that to hold investigation in a cognizable offence is the statutory right of the police and in case the allegations are found to be false, the police may itself file a closure report. He has submitted that in case the Investigating Officer finds the allegation made in the FIR true and files charge- sheet against the petitioner, it would be open to him to challenge such police report by filing appropriate application.
9. I have heard learned counsel for the parties and perused the record.
10. Considering the facts and circumstances of the case, I deem it fit and proper that this matter be also heard along with the aforesaid Cr.W.J.C. Nos. 1264 of 2017, 1286 of 2017 and 1313 of 2017.
11. The Registry is directed to place this case along with aforesaid Cr.W.J.C. Nos. 1264 of 2017, 1286 of 2017 and 1313 of 2017 before the appropriate Bench after obtaining orders of Hon‟ble the Chief Justice.
Patna High Court Cr.Misc. No.38013 of 2017 (4) dt.18-09-20179/9
12. In the meantime, in the event of arrest, the petitioner is directed to be provisionally released on bail on furnishing bond and sureties to the satisfaction of the arresting officer or the concerned court.
(Ashwani Kumar Singh, J) Pradeep/-
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