JUDGMENT

B. P. DAS, J. — The petitioner in this application under Sec. 482 of the Code of Criminal Procedure (in short ‘Cr.P.C.’) has prayed for quashing the order dated 31.3.2001 passed by the Sub-Divisional Judicial Magistrate, Sadar, Cuttack in G.R.Case No. 1464 of 1994 corresponding to Lalbag P.S.Case No. 217 of 1994 taking cognizance of the offences alleged to have been committed by the petitioner under Secs. 120-B and 420 of the Indian Penal Code (‘I.P.C.’ in short).

2. Shorn of unnecessary details, the case of the petition¬er, as disclosed in this application, is that the petitioner after serving under the State Govt. in various capacities retired on superannuation in the year 1995 and during the period from 24.7.1968 to 31.12.1969 he was posted as the Land Acquisition Officer, Cuttack. On 1.9.1994 the Addl. Land Acquisition Officer, Cuttack, lodged an F.I.R. with the Inspector-in-charge of Lalbag Police Station stating therein that for establishment of Aviation Research Center at Charbatia, Cuttack, certain lands in Mouza Jajbhairaba were acquired by the State Govt. for which necessary notification under Sec. 4 (1) and declaration under Sec. 6 (1) of the Land Acquisition Act were made on 7.5.1965 and 23.5.1965 respectively. In the F.I.R., which is enclosed to this applica¬tion as Annexure-2, it was further stated that the lands acquired by the State Govt. originally belonged to an ex-intermediary, namely, Sayed Mahammad Malia and others, who, during the year 1948-49, having left India for East Pakistan, now Bangladesh, and settled there, one Janaki Ballav Das Mohapatra of village Tulsi¬pur, Dist. Cuttack, claiming himself to be the real owner raised a fraudulent and false claim for compensation in Land Acquisition Case No. 24 of 1967-68 in respect of an area of Ac. 0.14 decs. appertaining to plot No. 177 of Khata No. 256 in Mouza Jajbhaira¬ba, Touzi No. 8274. It was alleged in the FIR that said J.B.Das Mohapatra, who had no right, title or interest over the aforesaid land acquired by the State, as well as his son, Soumendra Nandan Das Mohapatra, had influenced the then Land Acquisition Collec¬tor, who under such influence and connivance passed a consolidat¬ed award in favour of said J.B.Das Mohapatra. On the death of J.B.Das Mohapatra, his son Soumendra Nandan Das Mohapatra, re¬ceived the awarded amount of compensation of Rs. 322/- on 15.10.1968 in respect of the acquired land.

As it appears from the record, a reference was made thereaf¬ter at the instance of certain persons claiming to be the land oustees to the learned Sub-Judge, 1st Court, Cuttack, in L.A.No. 3/1985 for determination of market value of the lands.

The aforesaid FIR was registered as Lalbag P.S.Case No. 217 of 1994. After completion of the investigation, charge-sheet was submitted under Secs. 120-B and 420 of the I.P.C. against the present petitioner as well as the awardee-Soumendra Nandan Das Mohapatra.

3. According to the learned counsel for the petitioner, at no point of time till passing of the final award under Sec. 11 of the L.A.Act on 13.5.1968, the petitioner was in the picture as he joined as the Land Acquisition Officer, Cuttack, on 24.7.1968. It was further submitted that in due discharge of his statutory functions as the Land Acquisition Officer, the petitioner was duty bound to act upon the award on his joining as L.A.O. on 24.7.1968 and as he had little scope to interfere with the award passed under Sec. 11 of the L.A.Act, which under the law had attained its finality, he had to make payment in terms of the award passed by his predecessor in office and to do such acts subsequent to the award, like referring the matter to the Court under Sec. 18 of the Act for fixation of market value of the acquired land. Further, there was nothing in the FIR to make out a case either under Sec. 420 of Section 120-B of the I.P.C. against the petitioner and the allegations made in the FIR were about the passing of the consolidated award by the then L.A.O.