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TMI Blog2017 (2) TMI 1249X X X X Extracts X X X X X X X X Extracts X X X X ..... risen out of First Information Report No. 342/2001 and order dated 05.05.2009 framing charges, the facts being common, it shall be sufficient to refer the facts from Criminal Appeal No.......of 2017 @ SLP(Cr.) No. 3998 of 2011, State of Rajasthan versus Fatehkaran Mehdu. 4. The Respondent, Fatehkaran Mehdu was working as Mining Engineer at Tehsil Bijolia, District Bhilwara, State of Rajasthan in the year 1997-98. One Smt. Sushma Devi had submitted an application for the grant of quarry licence for a mineral (Sand Stone) as per the Rajasthan Minor Mineral Concession Rules, 1986 (hereinafter referred to as Rule 1986). The application was made for grant of quarry licence for Khatedari land situated at Nayanagar in different plots, including Plot No. 1181/124. She deposited a banker's cheque of Rs. 1,75,000/- dated 23.4.1998 and the quarry licence for 4.95 hectare (30 bigha and 12 biswas) was prepared in the name of Smt. Sushma Devi Dhakad and Shri Manoj Kumar Sandhya on 06.05.1998. On noticing that the quarry licence issued on 06.05.1998 contained various cuttings, she contacted Fatehkaran Mehdu and handed him the licence for issue of fresh licence. Shri Mehdu after taking all pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ehdu filed S.B. Criminal Revision Petition No. 592 of 2009 and Kishan Singh Rawat filed S.B. Criminal Revision Petition No. 598 of 2009. The High Court of Rajasthan vide its judgment and order dated 16.11.2010 set aside the order dated 05.05.2009 allowing the Revision against which these two appeals have been filed by the State of Rajasthan. 10. We have heard learned counsel for the parties and perused the records. Learned counsel for the appellant submits that there were sufficient materials on record against the respondent, relying on which learned Special Judge has framed the charges and the High Court committed an error by interfering with the charges framed, in exercise of revisional jurisdiction. It is submitted that there was no ground made out for exercise of revisional jurisdiction under Section 397 Cr.P.C. for quashing the charges framed. It was proved on the materials on record that the Respondent Mehdu had facilitated Shri Kishan Singh Rawat to carry on illegal mining by which, he obtained illegal benefits to the detriment of State of Rajasthan as well as Smt. Sushma Devi. The quarry licence granted to Sushma Devi was cancelled by Mehdu to facilitate Kishan Singh Rawat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5 bigha in favour of State Government and recorded without name so that gap fat could be approved under above policy. Under rules lease can be granted only on land of without name. To land so surrendered plot No. 1345/1185/124 was given rest of two bigha land of khatedar property No. 1185/124 was given which presently is recorded as khatedari land in name Dhiru son of Limbu Bheel R/o Suradiya Tehsil Beawar in khata which is ancestral village of Kishan Singh Rawat. Plot No. 1185/124 combined rakba 2 bigha land is also recorded as khatedari therefore, gap fat permission can not be accorded under gap fat policy but Mining Engineer in files of office accorded approval of plot No. 1345/1185/124 rakba 3 bigha, entry in which regard was made with special stipulation on quarry licence but in technical map told about according approval on plot No. 1185/124 combined so that if anytime measurement is carried out then same could be found according to technical map and according to same Shri Kishan Singh Rawat could get illegal profit. On spot Shri Kishan Singh Rawat in present time is also doing mining work on plot No. 1185/124 com. Rakba 2 bigha land and whenever question for measurement aris ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ued. Smt. Sushma Devi checked quarry licence on 08.05.1998, then came to know that serious nature of lacunae were found. At the same time Smt. Sushma Devi contacted Fatehkaran Mehdu, Mineral Engineer about the abovesaid, then he issued directions for making correction the quarry licence and handed over letters etc. to the Office Assistant Sohanlal. Stating excessive cuttings, Shri Mehdu instead of taking all the papers from Smt. Sushma Devi for issuing new quarry licence, with intentions to get other person Kishan Singh unlawfully benefits, connived with him and malafide and issued licence." 17. In para 2, it has further been noted: "2. Under the quarry licence passed by Shri Fatehkaran Mehdu, Shri Kishan Singh undertook unauthorized mining work for years on five bigha land in place of three bigha land due to which State Government suffered loss of annual rent etc. and Kishan Singh earned unlawful profits. On account of conspiracy hatched with him and connivance forgetting Kishan Singh benefitted, it established that Shri Fatehkaran Mehdu allotted land to Kishan Singh Rawat contrary to rules or in the form of gap & fat due to which the present charge sheet under section 13(1)(d) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r not. Final disposal of the charges framed against accused on merits does not require at the said stage." 19. In view of what has been noted above, whether the High Court was right in quashing the order framing charges by Special Judge on 05.05.2009, is the question to be answered in these appeals. What is the basis for quashing the charges by the High Court, has to be found out from the order of the High Court, allowing the Criminal Revisions. 20. The High Court, after noticing the few allegations against the respondent observed that there was no allegation made by the prosecution against the respondent to the effect that by any corrupt or illegal means Shri Mehdu obtained any valuable thing or pecuniary advantage for himself or for any other person. With regard to alleged allotment of 80,000 Sq. ft. in favour of Kishan Singh Rawat, it was held prima facie not to be correct since concerned Mining Engineer had certified that there was no allotment of 80,000 Sq. ft. by Mehdu to Kishan Singh Rawat. It is useful to extract para 8 and 9 of the judgement of the High Court which is to the following effect: "8. Having gone through the aforesaid provision and judgments cited at the ba ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... osition as a public servant, obtains for himself or for any other person any valuable thing or pecuniary advantage; or (iii) while holding office as a public servant, obtains for any person any valuable thing or pecuniary advantage without any public interest; or ..... ....... ...... (2) Any public servant who commits criminal misconduct shall be punishable with imprisonment for a term which shall be not less than one year but which may extend to seven years and shall also be liable to fine." 22. What are the allegations against Mehdu to frame charge under Section 13(1) (d) read with 13(2) has to be found out from the Chargesheet and other materials. We have already extracted the relevant allegations, made against Shri Mehdu in the chargesheet as well as the facts noticed by the learned Special Judge. While framing the charge, the substance of the allegation against Mehdu is that he has granted a quarry licnece to Kishan Singh Rawat on three bigha area of plot No. 1345/1185/124, total area of which comes to 52,272 Sq. ft. whereas, he was sanctioned 80,000 Sq.ft. Further allegation is that Mehdu permitted Kishan Singh Rawat to indulge in unauthorised mining over the larger area ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f department's technical map whereas, in quarry lincence and files permission is accorded only to plot No. 1345/1185/124, total area of which comes to be 52472 Sq.ft whereas, according to technical map area 80,000 Sq. ft is shown." 25. As noted above, learned Special Judge had observed that final adjudication of charge cannot be made unless oral and documentary evidence are received. The High Court has not adverted to the technical map which mentions 80,000 Sq. Ft. and without adverting to that allegation, has erroneously observed that there is no allegation which may come within the meaning of 13 (1) (d) read with 13(2) of the Act. Both chargesheet and order of the learned Special Judge have specifically noted the allegations, which clearly makes out an offence under Section 13(1)(d) and 13(2) of Prevention and Corruption Act, 1988 and Section 120B I.P.C. 26. The scope of interference and exercise of jurisdiction under Section 397 of Cr.P.C. has been time and again explained by this Court. Further, the scope of interference under Section 397 Cr.P.C. at a stage, when charge had been framed, is also well settled. At the stage of framing of a charge, the court is concerned not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e exercised in a routine manner. One of the inbuilt restrictions is that it should not be against an interim or interlocutory order. The Court has to keep in mind that the exercise of revisional jurisdiction itself should not lead to injustice ex facie. Where the Court is dealing with the question as to whether the charge has been framed properly and in accordance with law in a given case, it may be reluctant to interfere in exercise of its revisional jurisdiction unless the case substantially falls within the categories aforestated. Even framing of charge is a much advanced stage in the proceedings under the CrPC." 29. The Court in para 27 has recorded its conclusion and laid down principles to be considered for exercise of jurisdiction under Section 397 particularly in context of quashing of charge framed under Section 228 Cr. P. C. Para 27, 27(1), (2), (3), (9), (13) are extracted as follows: "27. Having discussed the scope of jurisdiction under these two provisions, i.e., Section 397 and Section 482 of the Code and the fine line of jurisdictional distinction, now it will be appropriate for us to enlist the principles with reference to which the courts should exercise such juri ..... X X X X Extracts X X X X X X X X Extracts X X X X
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