Mere change of land use does not constitute an offence under Section 188 IPC without evidence of criminal intent or resultant harm.

JUDGMENT :

Kaushik Goswami, J.

Heard Mr. O.P. Bhati, learned counsel appearing for the petitioner. Also heard Ms. S. H. Bora, learned Additional Public Prosecutor appearing for the State respondent.

2. By way of this criminal petition under Section 482 of Cr.P.C, the petitioner is seeking quashing of FIR dated 23.09.2013 filed by the Circle Officer, Hajo Revenue Circle, which was registered as Hajo PS Case No.366/2013 registered under Section 188/420/34 of IPC.

3. The brief facts of the case is that on 23.09.2013, the Circle Officer, Hajo Revenue Circle, Hajo lodged an FIR alleging inter-alia, that the petitioner in respect of land measuring 1 Bigha 2 Katha 10 Lecha covered by Dag No.289 of K.P.Patta No.278, changed the use of the land from agricultural to industrial purposes. Accordingly the FIR was registered as Hajo PS Case No.366/2013.

4. Situated thus, the present criminal petition has been filed.

5. Mr. O.P. Bhati, learned counsel appearing for the petitioner submits that the allegations set out in the FIR even if they are taken to be correct, does not constitute any criminal offence whatsoever. He therefore submits that the registration of the aforesaid FIR under Section 188/420/34 of IPC by the Police Official is totally without application of mind. He accordingly submits that in the facts and circumstances of the case the FIR warrants to be quashed by this Court.

6. Per contra, Ms. S.H. Bora, learned Additional Public Prosecutor appearing for the State respondent submits that it is apparent reading of the averments set out in the FIR that it is alleged by the Circle Officer that the petitioner has changed the use of the subject land from agricultural purpose to non-agricultural purpose and hence the FIR in question ought not be quashed by this Court.

7. I have heard the arguments advanced by the learned counsel appearing for the contending parties and have perused the material available on record. I have also considered the case law cited at the bar.

8. Apt to reproduce the FIR at the outset:-

‘Govt. Of Assam

Office Of The Circle Officer

‘ Hajo Revenue Circle

No. HCM (E) 5/2013/1862

Date: 23/09/2013

To

The Officer Incharge, Hajo Police Station, Kamrup, Assam,

Sub: F.I.R. against illegal use of land in violation of submission made in affidavit.

Ref: 1. Govt Letter No. RSS 605/2013/36

Dtd. 17/09/13

2. KRM-8/2010/100

Dtd. 21/09/13

Sir,

With reference to the subject and The Govt. Order referred to above,I am to request you to take action under appropriate provision of law against the below- mentioned pattadars who could be treated as offenders for violating the specific declaration made by them in the affidavits submitted by them at the time of obtaining NOC from Deputy Commissioner, Kamrup for purchase of agricultural class of land that they would use the same only for agricultural purpose.

1.Shri Arun Gupta and Shri Varun Gupta both s/o Shri Bisham Gupta, residents of 2^nd floor, Shanti Sadan Building, Near Badri Das Public School, Narayan Nagar, kumarpara, Guwahati(Metro)- 781009

The above mentioned land-holders have erected boundary wall around their agricultural class plot of land, thereby attempting to change the use of land.

Schedule of Land: 1 Bigha 2 Katha 10 Lesa covered by dag no. 8 of K.P.Patta No.116 situated at Revenue Village Borgaon under Mouza Pub-Bongsor under Hajo Revenue Circle, kamrup, Assam.

Encl: Copy Of The Affidavit.

2.Shri Sanjay Kumar Tulsyan, Aged About 35 Yrs,s/o Sri Promod Kumar Tulsyan, residents of Das Auto Bazar, Rly Gate No.5, Kedar Road, Ghy.-1

The above mentioned pattadar has already constructed boundary walls, factory in the agricultural plot of land, thereby thoroughly changing the nature of use of land.

Schedule of Land: 1 Bigha 2 Katha 10 Lesa covered by Dag No. 289 of K.P. Patta No.278 of Revenue Village Pacharia Dolar Pathar under Mouza Pub-Bongsar in Hajo Revenue Circle, Kamrup, Assam.

Encl:Copy of the affidavit.

It is to be mentioned that the mere fact that the land has been lying agriculturally unused for a l