PRADEEP KUMAR JAIN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard analogously alongwith M.Cr.C. Nos. 1952/2002, 1981/2002 and 1982/2002.

(2.) This petition has been filed under Section 482 of Cr.PC for quashing the charge-sheet as well as FIR/challan on the ground that the applicant has not committed any offence.

(3.) The prosecution story is that in village Charsikhara of Kunkuri Janapad Panchayat while drought/scarcity relief work was being carried out, one Village Assistant namely Toppo had prepared forged muster rolls in collusion with Salesman namely F. Kerketta and rice was distributed. It is alleged that by forged signatures and thumb impressions of labourers they misappropriated 35 quintals of rice with the help of Dhaneshwar, Hemanth Yadav and Ravi Shankar Yadav. The matter was examined by S.D.O. concerned and the S.D.O. lodged report to the Station House Officer. The S.H.O. after a detailed investigation filed challan and as many as 13 persons have been arraigned as accused persons. The enquiry report goes to show that in respect of relief works, 111 quintal rice was given and the said quantum of rice has been shown to have been distributed during 18-2-2001 to 24-2-2001 whereas on enquiry it has been found that misappropriation took place. Sarpanch Smt. Alisa, w/o Hirmon so also Shri Hirmon, husband of the Sarpanch, Sub-Engineer Shri Jhangde, Distribution Officer Shri M.R. Arun, labourer Ajit s/o Philip and other labourers namely Balsai, Milthanus, Pilu, Victar, Gregari, Likhun, Dhansai Dineshwar and Sudhir Edward etc., were also examined and detailed enquiry report has been prepared by S.D.O. on 13-3-2001.