Full Judgment Text
2025 INSC 461
Non-Reportable
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
Special Leave Petition (Crl.) No.12026 of 2024
UNION TERRITORY OF
JAMMU AND KASHMIR …PETITIONER
VERSUS
BRIJ BHUSHAN …
RESPONDENT
J U D G M E N T
K. VINOD CHANDRAN, J.
1. An F.I.R. was registered under Section 5(2) of
the Jammu and Kashmir Prevention of Corruption
1
Act, 2006 read with Section 120-B of the Indian
2
Penal Code, 1860 in the year 2021 with respect to a
transaction in land that occurred in the year 1989.
1 ‘the Act’
2 ‘the I.P.C.’
Signature Not Verified
Digitally signed by
Jayant Kumar Arora
Date: 2025.04.07
17:48:51 IST
Reason:
Page 1 of 10
SLP (Crl.) No.12026 of 2024
The respondent herein who was the Managing
Director of the beneficiary; the J & K Cooperative
Housing Corporation Ltd. (‘JKCHC’, for brevity),
which acquired the subject land after payment of
consideration, was arrayed as one of the accused
alleging offences under the above provisions along
with the Tehsildar and the power of attorney holder
of the lands, alleging criminal conspiracy.
2. The respondent herein successfully filed a
petition under Section 482 of the Code of Criminal
3
Procedure . The impugned order which quashed the
F.I.R. No. 10 of 2021 is the subject of challenge in
the S.L.P. We have heard learned Counsel Sh.
Pashupathi Nath Razdan appearing for the State
and learned Counsel Sh. Nanu Khera appearing for
the first respondent.
3 ‘the Cr.P.C.’
Page 2 of 10
SLP (Crl.) No.12026 of 2024
3. Suffice it to notice that JKCHC proposed to
acquire 30 kanals and 5 marlas of land in
pursuance of its aims and objects of developing
residential colonies for its members; being the apex
society of the then Union Territory. The JKCHC
applied for certification of the existing right of land
to the Collector Land Acquisition and after
negotiation with the landlords, the subject land was
acquired for Rs. 31,500/- per kanal as per a lease
deed on 10.04.1989 registered with the Sub-
Registrar’s Office, Samba. The land was developed
into various blocks by the JKCHC and allotted to its
members on a ‘first come first served’ basis.
4. In the year 2021, the F.I.R. was registered
alleging that the power of attorney holder landlords
of the subject land had colluded with the Tehsildar
and together with the respondent herein who was
Page 3 of 10
SLP (Crl.) No.12026 of 2024
the Managing Director of the JKCHC obtained ‘fard
Intikhab’ dated 06.04.1989 which had led to the
transfer of the lands in the name of the JKCHC.
The said transaction was alleged to be made in
violation of Section 28(1)(d) and Section 28-A of the
Jammu and Kashmir Agrarian Reforms Act, 1976.
It is alleged in the F.I.R. that this act of the accused
had conferred huge undue benefits to the JKCHC
and its members.
5. The learned Single Judge has detailed the facts
which speaks of the mutation of the land having
been made in the name of seven landlords, which
the State had transferred to them; after it vested in
the State, when the original ownership rights were
extinguished under the Agrarian Reforms Act. The
said persons on whom the land was vested by the
State appointed a power of attorney, who obtained
Page 4 of 10
SLP (Crl.) No.12026 of 2024
the ‘fard Intikhab’ from the Tehsildar leading to the
transfer of the subject lands to the JKCHC.
6. The learned Single Judge also extracted
Sections 28 and 28-A of the Agrarian Reforms Act to
find that any transfer of rights of the land obtained
under that Act, by way of sale, gift, exchange,
mortgage, will or by any other means whatsoever, is
prohibited. In the event of such a transfer, the rights
conferred on the landlord under the Agrarian
Reforms Act vest back in the State. The learned
Single Judge has found that there can be no
criminal proceeding initiated on the basis of a
transfer, which is prohibited under the Act. The
consequence is only of reversion of such rights on
the land to the State Government, which could also
lead to dispossession on reversion ordered by a
Revenue Officer. The learned Single Judge also
Page 5 of 10
SLP (Crl.) No.12026 of 2024
noticed Section 29 of the Act which saves any officer
or authority in respect of anything which is done in
good faith under the Agrarian Reforms Act.
7. We will not go into whether criminal
proceedings would lie under the provisions of the
Prevention of Corruption Act and the I.P.C. as
against the officers, since they are not before us. We
also do not agree with the learned Single Judge that
no criminal proceedings will lie, for reason only of
the statute having not provided it; since the
allegation of corruption and criminal breach of
trust, if substantiated, could lead to conviction
under the Prevention of Corruption Act and the IPC.
The question of indemnity under Section 29; which
operates only if the acts complained of are done in
good faith, would have to be independently agitated
Page 6 of 10
SLP (Crl.) No.12026 of 2024
by the officer of the State who has been arrayed as
accused.
8. Insofar as the party respondent is concerned,
he was the Managing Director of the Cooperative
Society which obtained the lands after verification of
the rights on the land from the Collector of the
District. The acquisition was also for a purpose of
developing the land; which development, it is
admitted has already been completed and allottees
of such lands having raised a residential colony in
the location. Obviously, no action under Section 28-
A has been taken by the State to repossess the
lands. In any event, we do not see any allegation
against the respondent herein under the provisions
on which the F.I.R. has been registered but for a
bland allegation of connivance with the officers of
the State. There is also no personal benefit even
Page 7 of 10
SLP (Crl.) No.12026 of 2024
alleged to have accrued to the party respondent
herein. We find no reason to interfere with the well-
reasoned order of the learned Single Judge of the
High Court.
9. The Special Leave Petition stands dismissed.
10. Pending application(s), if any, shall stand
disposed of.
….………..……………, J.
[SUDHANSHU DHULIA]
……………..……………, J.
[K. VINOD CHANDRAN]
NEW DELHI;
APRIL 07, 2025.
Page 8 of 10
SLP (Crl.) No.12026 of 2024
ITEM NO.1503 COURT NO.12 SECTION II-C
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.)
No(s). 12026/2024
[Arising out of impugned final judgment and order
dated 29-05-2023 in CRM (M) No. 410/2021 passed
by the High Court of Jammu & Kashmir and Ladakh at
Jammu]
UNION TERRITORY OF JAMMU AND KASHMIR Petitioner(s)
VERSUS
BRIJ BHUSHAN Respondent(s)
Date : 07-04-2025 This petition was called on for
pronouncement of Judgment today.
For Petitioner(s) : Mr. Pashupathi Nath Razdan, AOR
Ms. Maitreyee Jagat Joshi, Adv.
Mr. Astik Gupta, Adv.
Ms. Akanksha Tomar, Adv.
For Respondent(s) : Mr. Nonu Khera, Adv.
Mr. Sanjay Chakraborty, Adv.
Mr. Mohan Lal Sharma, AOR
Hon’ble Mr. Justice K. Vinod Chandran
pronounced the non-reportable Judgment of the
Page 9 of 10
SLP (Crl.) No.12026 of 2024
Bench comprising Hon’ble Mr. Justice Sudhanshu
Dhulia and His Lordship.
The Special Leave Petition is dismissed.
Pending interlocutory application(s), if any,
is/are disposed of.
(JAYANT KUMAR ARORA) (RENU BALA GAMBHIR)
ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR
(Signed non-reportable Judgment is placed on the
file)
Page 10 of 10
SLP (Crl.) No.12026 of 2024
Non-Reportable
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
Special Leave Petition (Crl.) No.12026 of 2024
UNION TERRITORY OF
JAMMU AND KASHMIR …PETITIONER
VERSUS
BRIJ BHUSHAN …
RESPONDENT
J U D G M E N T
K. VINOD CHANDRAN, J.
1. An F.I.R. was registered under Section 5(2) of
the Jammu and Kashmir Prevention of Corruption
1
Act, 2006 read with Section 120-B of the Indian
2
Penal Code, 1860 in the year 2021 with respect to a
transaction in land that occurred in the year 1989.
1 ‘the Act’
2 ‘the I.P.C.’
Signature Not Verified
Digitally signed by
Jayant Kumar Arora
Date: 2025.04.07
17:48:51 IST
Reason:
Page 1 of 10
SLP (Crl.) No.12026 of 2024
The respondent herein who was the Managing
Director of the beneficiary; the J & K Cooperative
Housing Corporation Ltd. (‘JKCHC’, for brevity),
which acquired the subject land after payment of
consideration, was arrayed as one of the accused
alleging offences under the above provisions along
with the Tehsildar and the power of attorney holder
of the lands, alleging criminal conspiracy.
2. The respondent herein successfully filed a
petition under Section 482 of the Code of Criminal
3
Procedure . The impugned order which quashed the
F.I.R. No. 10 of 2021 is the subject of challenge in
the S.L.P. We have heard learned Counsel Sh.
Pashupathi Nath Razdan appearing for the State
and learned Counsel Sh. Nanu Khera appearing for
the first respondent.
3 ‘the Cr.P.C.’
Page 2 of 10
SLP (Crl.) No.12026 of 2024
3. Suffice it to notice that JKCHC proposed to
acquire 30 kanals and 5 marlas of land in
pursuance of its aims and objects of developing
residential colonies for its members; being the apex
society of the then Union Territory. The JKCHC
applied for certification of the existing right of land
to the Collector Land Acquisition and after
negotiation with the landlords, the subject land was
acquired for Rs. 31,500/- per kanal as per a lease
deed on 10.04.1989 registered with the Sub-
Registrar’s Office, Samba. The land was developed
into various blocks by the JKCHC and allotted to its
members on a ‘first come first served’ basis.
4. In the year 2021, the F.I.R. was registered
alleging that the power of attorney holder landlords
of the subject land had colluded with the Tehsildar
and together with the respondent herein who was
Page 3 of 10
SLP (Crl.) No.12026 of 2024
the Managing Director of the JKCHC obtained ‘fard
Intikhab’ dated 06.04.1989 which had led to the
transfer of the lands in the name of the JKCHC.
The said transaction was alleged to be made in
violation of Section 28(1)(d) and Section 28-A of the
Jammu and Kashmir Agrarian Reforms Act, 1976.
It is alleged in the F.I.R. that this act of the accused
had conferred huge undue benefits to the JKCHC
and its members.
5. The learned Single Judge has detailed the facts
which speaks of the mutation of the land having
been made in the name of seven landlords, which
the State had transferred to them; after it vested in
the State, when the original ownership rights were
extinguished under the Agrarian Reforms Act. The
said persons on whom the land was vested by the
State appointed a power of attorney, who obtained
Page 4 of 10
SLP (Crl.) No.12026 of 2024
the ‘fard Intikhab’ from the Tehsildar leading to the
transfer of the subject lands to the JKCHC.
6. The learned Single Judge also extracted
Sections 28 and 28-A of the Agrarian Reforms Act to
find that any transfer of rights of the land obtained
under that Act, by way of sale, gift, exchange,
mortgage, will or by any other means whatsoever, is
prohibited. In the event of such a transfer, the rights
conferred on the landlord under the Agrarian
Reforms Act vest back in the State. The learned
Single Judge has found that there can be no
criminal proceeding initiated on the basis of a
transfer, which is prohibited under the Act. The
consequence is only of reversion of such rights on
the land to the State Government, which could also
lead to dispossession on reversion ordered by a
Revenue Officer. The learned Single Judge also
Page 5 of 10
SLP (Crl.) No.12026 of 2024
noticed Section 29 of the Act which saves any officer
or authority in respect of anything which is done in
good faith under the Agrarian Reforms Act.
7. We will not go into whether criminal
proceedings would lie under the provisions of the
Prevention of Corruption Act and the I.P.C. as
against the officers, since they are not before us. We
also do not agree with the learned Single Judge that
no criminal proceedings will lie, for reason only of
the statute having not provided it; since the
allegation of corruption and criminal breach of
trust, if substantiated, could lead to conviction
under the Prevention of Corruption Act and the IPC.
The question of indemnity under Section 29; which
operates only if the acts complained of are done in
good faith, would have to be independently agitated
Page 6 of 10
SLP (Crl.) No.12026 of 2024
by the officer of the State who has been arrayed as
accused.
8. Insofar as the party respondent is concerned,
he was the Managing Director of the Cooperative
Society which obtained the lands after verification of
the rights on the land from the Collector of the
District. The acquisition was also for a purpose of
developing the land; which development, it is
admitted has already been completed and allottees
of such lands having raised a residential colony in
the location. Obviously, no action under Section 28-
A has been taken by the State to repossess the
lands. In any event, we do not see any allegation
against the respondent herein under the provisions
on which the F.I.R. has been registered but for a
bland allegation of connivance with the officers of
the State. There is also no personal benefit even
Page 7 of 10
SLP (Crl.) No.12026 of 2024
alleged to have accrued to the party respondent
herein. We find no reason to interfere with the well-
reasoned order of the learned Single Judge of the
High Court.
9. The Special Leave Petition stands dismissed.
10. Pending application(s), if any, shall stand
disposed of.
….………..……………, J.
[SUDHANSHU DHULIA]
……………..……………, J.
[K. VINOD CHANDRAN]
NEW DELHI;
APRIL 07, 2025.
Page 8 of 10
SLP (Crl.) No.12026 of 2024
ITEM NO.1503 COURT NO.12 SECTION II-C
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.)
No(s). 12026/2024
[Arising out of impugned final judgment and order
dated 29-05-2023 in CRM (M) No. 410/2021 passed
by the High Court of Jammu & Kashmir and Ladakh at
Jammu]
UNION TERRITORY OF JAMMU AND KASHMIR Petitioner(s)
VERSUS
BRIJ BHUSHAN Respondent(s)
Date : 07-04-2025 This petition was called on for
pronouncement of Judgment today.
For Petitioner(s) : Mr. Pashupathi Nath Razdan, AOR
Ms. Maitreyee Jagat Joshi, Adv.
Mr. Astik Gupta, Adv.
Ms. Akanksha Tomar, Adv.
For Respondent(s) : Mr. Nonu Khera, Adv.
Mr. Sanjay Chakraborty, Adv.
Mr. Mohan Lal Sharma, AOR
Hon’ble Mr. Justice K. Vinod Chandran
pronounced the non-reportable Judgment of the
Page 9 of 10
SLP (Crl.) No.12026 of 2024
Bench comprising Hon’ble Mr. Justice Sudhanshu
Dhulia and His Lordship.
The Special Leave Petition is dismissed.
Pending interlocutory application(s), if any,
is/are disposed of.
(JAYANT KUMAR ARORA) (RENU BALA GAMBHIR)
ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR
(Signed non-reportable Judgment is placed on the
file)
Page 10 of 10
SLP (Crl.) No.12026 of 2024