Mohan Singh v. State of Delhi (SC)
BS189595
SUPREME COURT OF INDIA
Before:- B.N. Kirpal and Rajendra Babu, JJ.
Criminal Appeal No. 1147 of 1999 (Arising out of SLP (C) No. 3442 of 1998) D/d.
29.10.1999.
Mohan Singh - Appellant
Versus
State of Delhi and Others - Respondents
Indian Penal Code, 1860, Sections 420, 448 and 34 - Criminal Procedure Code, 1973, Section 400 - Land acquired by Court - Bhumidars landholders sold land after its acquisition - Complaint filed under Sections 420/448/34 Indian Penal Code - Prima facie case made out for filing complaint since what was material was that at the time when the land was sold the landholders had no right, title or interest to sell the land in view of the acquisition and whether the sellers were bhumidhars or not was not material - Hence order quashing charges set aside.
[Para 2]
ORDER
B.N. Kirpal, J. - Leave granted. Heard counsel for the parties at length.
2. This is a case where the land is alleged to have been acquired under the provisions of the Land Acquisition Act by the Government but after the acquisition the original bhumidhar/landholders had sold the land to the complainants who are the appellants in the present case. The appellants filed a complaint against Respondents 2-7 herein under Sections 420/448/34 of the Indian Penal Code. The trial court took cognisance and framed the charges under the said sections. Respondents 2-7 then filed a revision petition which was allowed by the Additional Sessions Judge whose decision was upheld by the High Court. We have gone through the orders of the Additional Sessions Judge and the High Court which do not contain any reasons. We find that this is not a fit case where the revisional jurisdiction should have been exercised in quashing the charges which had been framed. It was irrelevant as to whether the sellers were bhumidhars or not: what was material was that at the time when the land was sold did they have any right, title or interest to sell the land. Prima facie, the land which was sold was already acquired and their right, title or interest stood extinguished and it is on this basis that the complaint was filed under the aforesaid sections of Indian Penal Code.
3. We, therefore, allow this appeal, set aside the judgment of the Additional Sessions Judge as well as that of the High Court and restore the order of the trial court which shall now proceed with the trial of the case as expeditiously as possible.
Appeal allowed.