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2019 Supreme(All) 319

HIGH COURT OF JUDICATURE AT ALLAHABAD
Vipin Sinha, Ajit Singh, JJ.
Satish Kumar – Appellant
Vs.
State of U P and Others – Respondents
Criminal Miscellaneous Writ Petition No. 4778 of 2019
Decided On : 07-03-2019

Advocates Appeared:
Ajay Kumar Sharma, Adv., Sheshadri Trivedi, Adv., Satish Trivedi, Adv.

The court emphasized that the allegations in the FIR constituted cognizable offenses against the petitioner, leading to the dismissal of the writ petition.

Headnote:

Corruption - Criminal Misc. Writ Petition - Indian Penal Code, 1860, Sections 420, 467, 468, 471, 120B and Prevention of Corruption Act, 1988, Section 13 - The court discussed the allegations of financial loss to the authority due to the purchase of land at inflated prices by officials and their relatives, and the involvement of the petitioner in the process. The court found that the FIR constituted cognizable offenses against the petitioner and dismissed the writ petition.

Fact of the Case:

An F.I.R. was lodged against officials/officers of the Yamuna Expressway, Industrial Development Authority and other persons for purchasing land at inflated prices, causing financial loss to the authority. The petitioner, a former Deputy CEO, was implicated in the case.

Finding of the Court:

The court found that the allegations in the FIR constituted cognizable offenses against the petitioner and that the petitioner was part of the process of purchasing lands at higher rates, causing heavy loss to the public exchequer.

Issues: Allegations of financial loss to the authority, involvement of the petitioner in the land purchase process, and the request to quash the FIR and prevent the petitioner's arrest.

Ratio Decidendi: The court held that the FIR constituted cognizable offenses against the petitioner and that it was not inclined to quash the FIR or prevent the petitioner's arrest.

Final Decision: The court dismissed the writ petition and declined to quash the FIR or issue a mandamus directing the respondents not to arrest the petitioner.

JUDGMENT :

Ajit Singh, J.

Heard Sri Satish Trivedi, learned Senior Counsel assisted by Sri Sheshadri Trivedi, Sri Ajay Kumar Sharma, learned counsel for the petitioner and Sri Rajesh Mishra, learned A.G.A. for the State.

2. This criminal misc. writ petition has been filed by the petitioner with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 3.6.2018 bearing Case Crime no. 421 of 2018, under Sections 420, 467, 468, 471, 120B I.P.C. and Section 13 Prevention of Corruption Act, 1988, P.S. Kasna, district-Gautam Budh Nagar. A further prayer has been made for directing the respondents not to arrest the petitioner consequent to the First Information Report.

3. The brief facts alleging to this writ petition are that an F.I.R. was lodged by one Sri Gjendra Singh, Pratisar Nirikchak against the officials/officers of the Yamuna Expressway, Industrial Development Authority and other persons on 3.6.2018, which was registered as Case Crime no. 421 of 2018, under Sections 420, 467, 468, 471, 120B I.P.C. and Section 13 Prevention of Corruption Act, 1988. Although the petitioner is not specifically named in the first information report. In the said F.I.R. it was mentioned that after perusal of the inquiry report dated 8.12.2017 of Maha Prabandhak, Niyojan (General Manager, Planning) and report of the Executive Officer of Yamuna Expressway, Industrial Development Authority dated 7.5.2018 in the same matter, the Chairmperson of Yamuna Expressway, Industrial Development Authority/Commissioner Meerut, Division Meerut found that in district Mathura, Yamuna Expressway Industrial Development Authority had purchased land of seven villages namely, Madaur, Seupatti Bangar, Seupatti Khadar, Kaulana Bangar, Kaulana Khadar, Sautipura Bangar and Navjheel Bangar, in respect of which a total payment of Rs. 85.49 crore was made. These lands were alleged to be purchased by the close relatives, friends and other persons who were relatives of Sri P.C. Gupta, the then Chief Executive Officer and other Officers of Yamuna Expressway, Industrial Development Authority. These officers in collusion with their relatives and acquaintances had got the said land purchased for price which was more than double of actual price and thus they caused the financial loss to Yamuna Expressway, Industrial Development Authority. Those relatives and acquaintances of the above mentioned officers, in collusion with each other had got the lands of those seven villages purchased at various places at much higher prices and it is worth mentioning that approximately 57.1549 hec. of land which was purchased, remained unutilized/vacant till now and there is no possibility of being used in future as well. It was also mentioned in the F.I.R. that the said lands were purchased for three schemes for construction of Entry and Exit Ramps on Yamuna Expressway, there was a strong possibility of fast development of the said region. It was further alleged in the F.I.R. that whatever land was purchased there, out of that, some land was not utilized for construction of Exit or Entry Ramps, because in the plan/map, the land was being shown much away from the Ramps. Moreover, no administrative approval to purchase of that land was obtained nor the said land was proposed for construction of Ramps. In purchasing of said lands several irregularities were committed namely, the lands which were distributed among seven villages at different places, were not integrated and all these Khasras were separated from each other, which is evident from perusal of the map. The so acquired lands were lying vacant on the spot. The rate of acquisition of these lands was kept much higher from the rate which was prevalent at that time, details of which are mentioned in the First Information Report. It is further mentioned in the F.I.R. that the lands in question were purchased from the farmers by relatives and friends/acquaintances of the officers of Yamuna Expressway Indu










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