Heard the learned counsel for the petitioner and the learned counsel for the Vigilance.

2. Petitioner has filed the instant case for quashing the order dated 18.1.2010 passed by Sri Binay Kant Khan, the Special Judge, Vigilance, Ranchi whereby he has taken cognizance under Sections 467, 468, 469, 471, 477A, 409, 120B, 109, 423,424,201 of I.P.C. and Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 in Special Case No. 17 of 2000 against the petitioner and also for quashing the entire Criminal Proceeding in connection with Vigilance P.S. Case No. 30 of 2000.

3. The learned counsel for the petitioner submits that the instant Patna Sadar Vigilance P.S. Case No. 30 of 2000 has been registered on 13.11.2000 by one Shri Shiv Kumar Jha, Dy. S.P.-cum-Vigilance, P.S. In-charge, Patna against 30 persons including the petitioner who is arrayed at Serial No. (b-3) in the list of the accused persons in the F.I.R.

The short case according to the aforesaid information dated 10.11.2000 submitted by Karam Dayal Oraon, Dy. S.P. Vigilance, Ranchi, Camp, Patna is that an enquiry team was constituted in the Vigilance Investigation Bureau, Patna to enquire into Ranchi Land Scam and by office Order No. 393 dated 31.8.2000, a direction was issued to the said informant and one Sukhdeo Pandey, Police Inspector for enquiry into the allegations made at Column-4. In the said enquiry, the following facts were discovered:-

The Revisional Survey Khatian PartII was perused in relation to the Nankum Circle within Ranchi District in Mouza Mashilong Thana No. 176 Khata 263, Plot No. 1656 and 1661. It was found that Plot Nos. 1656 area 4.75 acres is "Parti Kadim'"

Gair Majurwa Malik land in Khewat No.2 and similarly in Plot 1661 area is 25.60 acres 'Parti Pattar-Gair Majurwa Malik' and the Lagan Holder for both the plots is 'Secretary of State for India in council.

The aforesaid plot no. 1661, 19.86 acres of land was initially settled by the State of Bihar through the then Assistant Secretary to the Govt. Shri V.P. Ghosh vide Memo No. A/G.L. 335/59/5359R dated 24.7.1959. In the name of Dr. S.C. Hom, Secretary, Nature Cure Home, Old Commissioner's Compound, Ranchi for which decision/permission was granted by the State for Agriculture Horticulture/Khetri-Bari (cultivation) and direction was issued for fixing the Annual Lagan. The relevant facts for the instant case in respect of the petitioner according to the aforesaid written information is that on 30.3.1960 Parwana was issued in the name of the Dr. S.C. Hom in respect of Plot No.1661, area 19.60 acres land for cultivation as Raiyati Bandobasti in Khata No. 263, Mauza-Mahilong. In respect of the said land jamabandi proceeding was initiated vide settlement Misc. Case No. 5-R-8/6465 in the name of Dr. S.C. Hom in Namkum Circle Office, which according to the information against the Rule and was illegal. A Hukumnama was issued for Raiyati settlement in respect of aforesaid plot no. 1656, area 4.75 acres land by the then in-charge Dy. Collector (Land Reforms) Sadar, Ranchi without the permission of the Government, in the name of Dr. S.C. Hom. This was confirmed by Sri Rameshwar Nayak, the then Head Assistant Office of I/C L.RD.C., Sadar, Ranchi on 18.8.1972. On the basis of the said illegal settlement, the then I/C L.R.D.C., Ranchi Sri S.K. Sinha issued rent schedule on 18.8.1972 in the name of Dr. S.C.Hom in Misc. Case No. 59-R-8/71-72. In the said rent schedule Khata No. was wrongly shown as 262, whereas the. plot no. 1656 doesn't fall under Khata No. 262.

In this way settlement Parwana was issued by the I/C Dy. Collector, Sadar, Ranchi separately bearing 4.75 acres in plot no. 1656 and 19.86 Acres in plot no. 1661, i.e. a total area of 24.61 acres of lands aforesaid. After the death of aforesaid Dr. S.C. Hom, the said lands were transferred in the name of his only son Ranjit Kumar Hom, by the then Circle Officer, Namkum Sri N.P. Singh, in Legal heir mutation case No. 51-R-27/78-79. T