ORDER

Date : 29-09-2021 Heard Mr. NK Kalita, learned counsel for the petitioners. Also heard Mr.

M Phukan, learned Public Prosecutor, appearing for the State respondent.

This is an application, filed under Section 439 of the Cr.PC. seeking bail of the accused-petitioners, namely, 1. Amulya Talukdar and 2. Suresh Choudhury, in connection with Patacharkuchi Police Station Case No. 479/2021 registered under Sections 120(B)/420/409/467/468/471 of the IPC read with Sections 7/7(A)/12 of the Prevention of Corruption Act.

I have heard the learned counsel for the petitioners and also heard the common argument of Mr. M. Phukan, learned Public Prosecutor, Assam appearing for the State Respondent.

To understand the allegations against the petitioners, this Court would like to quote the FIR filed by the Deputy Commissioner, Bajali, dated 20.09.2021, which reads as under:

“With reference to the subject cited above, it is informed that the Revenue Circle offices are most important field level government offices which maintain record of lands belonging to government and private pattadars. These offices provide various citizen centric service like mutation, partition of land, issuing land holding certificates, land pattas processing of No- Objection certificates for land sale, etc. These services are very essential for general public without which their land transmission will be held up.

In order to strengthen the Revenue administration in the State of Assam, the Government had taken several initiatives. While addressing in the conference of ADC (Rev.), Circle Officers and attached Circle officers Hon’ble Chief Minister, Assam strictly warned against any sort of irregularities and corrupt practices in the Revenue Circles.

In view of the above, the undersigned request you to investigate against 17 (seventeen) brokers as indicted in the list enclosed with the letter under reference regarding alleged irregularities and corrupt practices and to book as per provisions of law.”

On receipt of the above FIR, the Superintendent of Police, Bajali, forwarded the same to the Officer-in-Charge of Patacharkuchi Police Station on the same day i.e. on 20.09.2021 with instruction to register a case. The letter containing the above instructions is reproduced below for better understanding and appreciation:

“In enclosing herewith a copy of letter in original received from Shri Bharat Bhushan Dev Choudhury, IAS, Deputy Commissioner of Bajali District which will speak for itself. Henceforth, you are hereby directed to register a case under proper section of law against all 17 (seventeen) numbers of land brokers as indicated in the list and investigate the case as per proper procedure of law. The action taken from your end may intimate to the undersigned within 2 (two) days for further necessary instructions. The list of 17 (seventeen) numbers of land brokers is enclosed herewith. The matter is MOST URGENT.”

Learned counsel for the petitioners has submitted that the FIR itself does not disclose any cognizable offence as required under Section 154 of the Code of Criminal Procedure and, therefore, the case could not have been registered by the police. It has further been submitted that in the instant case, taking into account the fact that cognizable offence has not been disclosed in the FIR, the accused petitioner could not have been arrested. Learned counsel for the petitioner has also referred to the guidelines contained in the case of Lalita Kumari Vs. Government of Uttar Pradesh, reported in (2014) 2 SCC 1, in paragraphs 120.1 to 120.6 therein, which are reproduced below:

120.1. Registration of FIR is mandatory under Section 154 of the Code, if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such a situation.

120.2. If the information received does not disclose a cognizable offence but indicates the necessity for an inquiry, a preliminary inquiry may be conducted only to ascertain whether cognizable offence is disclo