Point of Law: Conspiracy consists in the agreement of two or more persons to do an unlawful act, or to do a lawful act by unlawful means. It is an indictable offence at common law. The essence of the offence of conspiracy is the fact of combination by agreement. The agreement may be express or implied or in part express and in part implied.. and the offence continues to be committed so long as the combination persists, that is until the conspiratorial agreement is terminated by completion of its performance or by abandonment or frustration or however it may be

JUDGMENT :

By way of present application, petitioner has challenged the order dated 19.02.2018 passed below an application Exh. 46 in Criminal Case No. 1188 of 2010 by the Ld. Chief Judicial Magistrate, Kutch at Bhuj, whereby the application preferred by the petitioner u/s. 227 of Code of Criminal Procedure praying for discharge is rejected as well as the order dated 10.12.2018 passed by Ld. Additional Sessions Judge, Kutch at Bhuj dismissing Criminal Revision Application No.28 of 2018.

2. The brief facts of the present case are as under:

That petitioner joined his service of State Government as Deputy Collector. On 26.01.2001, there was an earthquake experienced in the State of Gujarat, whereby, the epicenter was located at Bhuj, wherein, a lot of destruction in terms of life and property had occurred and therefore, Government had decided to rehabilitate the affected persons and passed number of resolutions to that effect. To classify the damage, G.1 to G.5 categories were made and category certificates were issued by different authorities like Mamlatdar, City Survey Superintendent, Chief Officer & Deputy Collector. It is submitted that the grain market of Bhuj was totally affected by the earthquake and all the affected persons, who were having their shops, were required to be rehabilitated and accordingly one of the trusts was granted 17 acres of lands by the Government with various conditions, one of which as that the trust has to obtain Collector's certificate about allottee being earthquake affected. The Land was allotted at the market rate, which was prevailing at that point of time vide Resolution dated 03.09.2002. On 04.12.2003 the Collector, Bhuj, by way of a reasoned order with various conditions, allotted land bearing Survey No.363 paiki situated at Bhuj on paying market value in five different installments & then possession of the land was handed over to the trust. That, the said order was passed by imposing number of conditions, which were binding to the trust. That, the allotment of land was already done in the year 2003 vide order passed by the Collector, Bhuj on 04.12.2003. That on 08.07.2005 petitioner came to be transferred from Panchmahal to Bhuj and had joined the posting when almost all land related process including possession of land was already completed. That after two years of the said transfer of the petitioner, the Collector, Bhuj wrote a letter to the Deputy Collector, Bhuj, directing to carry out a detailed inquiry with regard to the irregularities committed by the trust and after carrying out the inquiry, a detailed report was submitted by the Deputy Collector, Bhuj i.e. the petitioner. That in pursuance to the said detailed inquiry, the Deputy Collector, Bhuj, i.e. the petitioner submitted the first report, wherein, the entire situation was described in detail. In the first report itself it was clearly written that trust has not obtained Collector's certificates & pointed out many irregularities of the trust & suggested if someone has wrongly sought any aid, police complaint should be filed against him. That the said report was filed subject to further inquiry. That a second interim report was submitted by the Deputy Collector, Bhuj i.e. the petitioner to the Collector, Bhuj in furtherance to the earlier report dated 15.09.2007. In the said report also the petitioner has clearly mentioned that as per the order dated 04.12.2003 passed by the Collector and as mentioned in condition of the said order, the certificates were to be issued at that relevant point of time, however, the same were not done till date. That, the said task can be carried out by a team headed by the Deputy Collector and it can be ensured that only those persons, who are granted certificates by the Collector are entitled for the benefits and otherwise, the benefits already entailed by the persons, who are not having such certificates, can be again procured by the Government. Till then, the further inquiry was kept pending. That fi