HARDEI Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal is directed against order dated 29.01.2014 by the Hon'ble High Court of Judicature at Allahabad dismissing Criminal Revision No.2554/2013 preferred by the appellant seeking relief against order dated 09.07.2013 passed by the Chief Judicial Magistrate, Amroha, the trial Court, summoning the appellant, in exercise of power under Section 319, Code of Criminal Procedure, to face trial in Sessions Trial No.9191 of 2010 (State Vs. Omkar & Ors.) arising out of Case Crime No.1364 of 2010 under Sections 420/467/468/471/409, IPC pertaining to Police Station Amadpur, District Amroha, Uttar Pradesh.

(2.) Before adverting to the rival submissions, the relevant facts may be noted in brief. The FIR bearing No. 53 of 2010 leading to this case was lodged on 20th July 2010 by R.D. Sharma, the Project Director of a scheme under the Mahatma Gandhi National Rural Employment Guarantee Act (hereinafter referred to as 'MNREGA' Scheme). One Rahul Yadav, a Junior Clerk in the Amroha Block Office and one Omkar Singh were named as accused with allegation that they had, as per enquiry report, prima facie embezzled an amount to the tune of Rs.49 Lacs from official account for the MNREGA Scheme, thereby attracting offence under Section 409 IPC.

(3.) In the Special Leave Petition there is reference to another FIR bearing No. 50 of 2010 dated 16th July, 2010 lodged by one Mr. Muneshwar Singh, Block Development Officer, Gangeshwari, (J.P. Nagar). In this FIR the same Rahul Yadav, Junior Clerk alone has been named as an accused with allegation of cheating and embezzlement in respect of an amount of Rs.25 lacs of MNREGA. However, in course of further hearing it was made clear by learned counsel for the appellant that the present proceeding does not arise from this FIR and the whole purpose of annexing a copy of this FIR was to draw attention of this Court to allegations to the affect that the appellant although signed cheques for withdrawal of money from MNREGA account, she was innocent and had been cheated by Rahul Yadav.