The story talks about Land Fraud at Mohali Village; Revenue Officials Booked under 409,420,465,466,467,468,471,477A, 201 and 120B of IPC.
FACTS:
Eleven people were booked by The Punjab Vigilance Bureau in which four are revenue officials for fraudulent mutation of shamlath land in Mohali’s Majriyan village between 2010 and 2017. Naib Tehsildar Varinder Pal Singh Dhoot, Joint sub registrar Rupinder Singh Manku, Patwaris Daulath Ram and Iqbal Singh are the revenue officials booked under this case and seven other persons namely, Sham Lal , Hansraj, Rabbi Singh, Dharma Pal, Sucha Ram , Paramjit Singh and Ravinder Singh were found involved in this land scam. Police have arrested the suspects Iqbal Singh, Ravinder Singh, Paramjit Singh and Hansraj and sent them to 3-day police remand. In 2010 -11, the land was allotted to property dealers and land mafias in connivance with officials of the revenue department, who further sold it to other persons through par of attorneys. Ten fake transfers of 578 acres of land was found in 2014 and original documents were destroyed from the records of Revenue Department.
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A case under the Prevention of Corruption Act and Sections 409,420,465,466,467,468,471,477A, 201 and 120B of IPC has been registered against them at the Vigilance Bureau Flying Squad police station in Mohali.
Section 409- Criminal breach of trust by public servant, or by banker, merchant or agent.—Whoever, being in any manner entrusted with property, or with any dominion over property in his capacity of a public servant or in the way of his business as a banker, merchant, factor, broker, attorney or agent, commits criminal breach of trust in respect of that property, shall be punished with 1[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Section 420- in the Indian Penal Code deals with Cheating and dishonestly inducing delivery of property. The maximum punishment which can be awarded under this section is imprisonment for a term of 7 year and fine.
Section 465 in The Indian Penal Code. 465. Punishment for forgery. —Whoever commits forgery shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Also Read- Naib tehsildar, 4 others held for land fraud in Mohali
Section 467 -Whoever forges a document which purports to be a valuable security or a will, or an authority to adopt a son, or which purports to give authority to any person to make or transfer any valuable security, or to receive the principal, interest or dividends thereon, or to receive or deliver any money, movable property, or valuable security, or any document purporting to be an acquittance or receipt acknowledging the payment of money, or an acquittance or receipt for the delivery of any movable property or valuable security, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Section 468. Forgery for purpose of cheating.—Whoever commits forgery, intending that the 1[document or electronic record forged] shall be used for the purpose of cheating, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine
Also Read- Vigilance Bureau arrests 4 more in multi-cr land scam
Section 471 -Using as genuine a forged document or electronic record].—Whoever fraudulently or dishonestly uses as genuine any document or electronic record] which he knows or has reason to believe to be a forged document or electronic record], shall be punished in the same manner as if he had forged such document or electronic record.
Section 477A – Falsification of accounts.—Whoever, being a clerk, officer or servant, or employed or acting in the capacity of a clerk, officer or servant, wilfully, and with intent to defraud, destroys, alters, mutilates or falsifies any 2[book, electronic record, paper, writing], valuable security or account which belongs to or is in the possession of his employer, or has been received by him for or on behalf of his employer, or wilfully, and with intent to defraud, makes or abets the making of any false entry in, or omits or alters or abets the omission or alteration of any material particular from or in, any such 2[book, electronic record, paper, writing], valuable security or account, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
Explanation.—It shall be sufficient in any charge under this section to allege a general intent to defraud without naming any particular person intended to be defrauded or specifying any particular sum of money intended to be the subject of the fraud, or any particular day on which the offence was committed.
Also Read- Punjab VB exposes manipulation in revenue records
Section 120B – Punishment of criminal conspiracy.—
(1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death, 2[imprisonment for life] or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence.
(2) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment of either description for a term not exceeding six months, or with fine or with both.].
LEGAL OPINION
Section 409 is a Cognizable and non-bailable offence, triable by a Magistrate of the first class. The offence is cognizable and falls under the category of Non Bailable in IPC section 420. 468 , 467 are Non-Bailable offences. Sections 420 and 468 are non-bailable but one can get bail under 120B and 471. … These offences are of serious in nature and the accused are subject to the discretionary powers of the magistrate granting bail.
Also Read- Patwari among 6 booked for land fraud | Chandigarh News
CONCLUSION
Four revenue officials and seven others arrested in Mohali village for land fraud case. The Punjab Vigilance bureau has booked these 11 people for fraudulent mutation which took place between 2010 and 2017. A case has been filed under various IPC sections against them.
For case specific advice please contact criminal lawyers advocates in Chandigarh Panchkula Mohali Kharar Derabassi Zirakpur for graft matters.
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