MUNNA LAL JAIN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard Dr. N.K. Shukla, learned Senior Advocate assisted by Ms. Priya Mishra, learned counsel for the petitioner and Ms. Madhunisha Singh, learned Deputy Advocate General, appearing for the respondent/State.

(2.) Petitioner has filed this petition with the following prayers:

(3.) The undisputed facts of the case are that the Chief Executive officer of Janpad Panchayat, Dhamtari, lodged an FIR in the Police Station Arjuni, District Dhamtari against one Ashwani Sinha, Ex-Sarpanch of village Dodki and Secretary of that Gram Panchayat namely Umesh Kumar Thakur making allegations that there were irregularities and corruption in the works carried out under the Mahatma Gandhi National Rural Employment Guarantee Scheme (MANREGA) in Gram Panchayat, Dodki. It was specifically mentioned therein that the Lokpal of MANREGA recommended recovery of amount from Sarpanch, Secretary, the present petitioner, Technical Assistant and one Preeti Sharma, after deducting from their salary and the Collector had also directed to lodge an FIR against the Sarpanch and Secretary of Gram Panchayat. As per the provision which deal with the working of MANREGA, the petitioner preferred an appeal before the Lokpal appellate authority of MANREGA which was registered by the said authority as Appeal No. 26/2016. The appellate authority reached to the conclusion that the petitioner has not committed any corruption while performing his duties as Sub Engineer in the work which was subject matter of investigation. The FIR has been lodged against the petitioner only on the basis of the conclusion reached by the Lokpal which was already set aside by the appellate authority and therefore, the petitioner filed an application before the Chief Judicial Magistrate, Dhamtari under Sec. 239 of the CrPC for his discharge, however, the CJM, Dhamtari in Criminal Case No. 392/2016 rejected that application on 19/12/2016 and thereafter, the petitioner preferred a revision before the learned Sessions Judge, Dhamtari and the same has also been dismissed by the learned Sessions Judge on 13/2/2017.