Order on Board

04.02.2025

1. Heard Mr. Abhishek Chandravanshi, learned counsel appearing for the petitioner. Also heard Mr. Sangeet Kumar Kushwaha, RAHUL DEWANGAN learned counsel for the private respondents.

Digitally signed by RAHUL DEWANGAN Date: 2025.02.07

2. The petitioner has filed the instant petition under Section 482 of CrPC for being aggrieved by the order dated 09.10.2018 passed in Criminal Revision No. 122/13 by learned Additional Sessions Judge, Link Court, Kurud, District – Dhamtari (C.G.), arising out of the order dated 12.02.2013 passed in unregistered criminal case by learned Judicial Magistrate First Class, Kurud, District – Dhamtari (C.G.), whereby the application under Section 156(3) of the CrPC filed by the complainant was rejected by the trial Court, which has been affirmed by the learned revisional Court.

3. The prosecution story, in short, is that the present petitioner/complainant had filed one application under Section 156(3) of the CrPC, for registration of the crime against the accused persons. The present petitioner/complainant had filed various applications and complaints before the Tahsildar, SDO, the Economic Offences Wing Chhattisgarh, the concerned Police Station, Kurud, the Superintendent of Police, the Inspector General of Police and the Director General of Police, he has also made a complaint before the Collector and informed that the respondents/accused had developed the illegal colony, in the name and styled as F.B. Town Colony' near village Charra in the National Highway, Tahsil Kurud, District Dhamtari, it is also alleged and complaint by the present petitioner/complainant, that without there being any sanction or approval by the concerned authorities regarding the development of the residential colony, the agricultural land was converted into the commercial and residential plots, the same is impermissible in the eyes of law.

4. The petitioner/complainant also described a detail that at village Charra, a land situated adjacent to the N.H. No. 43, where four lane new road is proposed by the government, the same land is exchanged with the remotely located land of the accused persons and their family members, the same exchange of the land is beyond the provisions and permissibility of the law, by this way the respondent/accused and their family members, who are highly influential and moneyed persons have played fraud, cheating and also a great and huge loss to the public exchequer, it is also alleged by this way the respondents have committed a crime under the provisions of Prevention of Corruption Act, 1988, it is also under the provisions of Vinirdisht Bhrast Achran Adhiniyam, and other penal provisions of the penal code also, it is provided in the Prevention of Corruption Act that any person who is having and holding the public offices and authorities, will not indulged to give any undue advantage to any person, whereas in the present case the family members of the present respondents, who were the highly influential and public officers, have played a mischief and fraud, they have not only permitted and provided the facilities of the proposed accused person, to get exchange the less valued land with the highly valued land of the government, they have also influenced the officer, who have not taken the appropriate action against the erring persons, in this way by playing a corrupt practices, they have permitted to develop illegal colony, beyond the permissibility of the law. It is also alleged that the act of the respondent is also violative to the different provisions of Chhattisgarh Gram Panchayat (Colonizer Ka Ragistrikaran Nirbandhan Tatha Shartn) Niyam 1999 and Act also.

5. The present petitioner/complainant not only submitted the complaint to different authorities for taking appropriate action and for prevention of the offences continuously being committed by the respondents and their family members, but he has also filed in the present complaint under Section 156(3) of the Code of Crimin