1. Heard Sri Anil Kumar Bajpai, learned counsel for the applicant and learned A.G.A. on behalf of State.

2. This applicant u/s 482 Cr.P.C. has been filed praying for quashing of the charge sheet no. 6 of 1998 submitted by U.P. Vigilance Establishment, Meerut, bearing Inquiry/Investigation No. 124 of 1995, under Sections 420, 467, 468, 471 and 120-B I.P.C. and Section 13 (1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 in Case No. 30 of 1998, State vs. K.N. Dwivedi and others, pending before Special Judge, Anti Corruption, Meerut.

3. The prosecution case is that the applicant while being posted as Competent Authority, Peripheral Area of Urban Land Ceiling, Saharanpur, illegally restored an ex-parte order dated 23.11.1977 vide his order dated 05.01.1990 and on its basis Sri Ganga Ram Raj, Joint Director-cum-Competent Authority by his order dated 01.08.1991 declared the land exempted from Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as “Act”) which was earlier declared to be excess land belonging to the tenure holder, Alla Rakkha son of Natthu, resident of Mohalla Rayabala, District- Saharanapur. The applicant along with Sri Ganga Ram Raj committed the alleged offences under Sections- 420, 467, 468, 471 and 120-B I.P.C. and Section 13 (1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988.

4. The brief of facts of the case are that the applicant jointed his duties as Competent Authority, Peripheral Area, Urban Land Ceiling, Saharanpur on 01.08.1989. On 22.09.1989 an application along with an affidavit was moved by the land holder, Alla Rakkha, through his power of attorney holder, Mohd. Ayyub, stating that he submitted his return under Section 6(1) of the Act regarding his land situated in village- Pinjaura, District - Saharanpur, being Khasra No. 63 Area 23155.96 square meters vide return no. 597/76 before the office of Competent Authority Urban Land Ceiling on 13.08.1976. On 23.11.1977 the aforesaid land of Alla Rakkha was declared surplus under Section 9 of the Act and a notice under Section 10(1) was published calling the land holder or anyone interested in the land to file his objection showing his interest therein under Section 10(2) of the Act but no objections were filed. The Competent Authority by his order dated 03.06.1985 send his recommendation under Section 10(3) of the Act for publishing in gazette the land declared surplus. He issued a notice dated 02.02.1989 under Section 10(5) of the Act to Alla Rakkha to deliver the possession of the aforesaid land within 30 days.

5. After service of aforesaid notice under Section 10(5) the land holder, Alla Rakkha, made an application before Competent Authority, the applicant, on 22.09.1989, stating that he never received any Draft Statement under Section 8(4) of the Urban Land Ceiling Act, 1976 and prayed that the order dated 23.11.1977 under Section 9 passed by the Competent Authority being ex-parte.

6. The Competent Authority, the applicant, called for a report from the reader of the office of the Competent Authority, Saharanpur and it submitted its report stating that service of the Draft Statement under Section 8(4) of the Act was not made on the land holder by registered post as per Section 8(3) of the Act and Rule 2 of the Urban Land (Ceiling and Regulation) Rules, 1976 (hereinafter referred to as “Rules”).

7. The applicant, who was the Competent Authority at that time, by his order dated 05.01.1990 recalled the order dated 23.11.1977 of his predecessor and fixed the case for further hearing on 12.01.1990.

8. The allegation against the applicant is that he had no right or authority to recall the order dated 23.11.1977 of his predecessor and he illegally passed the order dated 05.01.1990 on the basis of which the land, which had vested in State, got recalled and thereafter Sri Ganga Ram Raj, Joint Director-cum-Competent Authority released the same in favour of the land holder which resulted into loss o