JAIPRAKASH SHUKLA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By way of the present petition under Section 482 of CrPC, the Petitioner has sought for the quashment of the criminal proceedings initiated against him in Criminal Case No. 157 of 2013 whereby the Petitioner has been prosecuted for the offence under Sections 420, 467, 468, 471, 409/34 of IPC.

(2.) Brief facts relevant for the adjudication of the case are that one Shankarlal Sahis (who is now deceased) on 7.9.2009 filed a complaint under Section 200 of CrPC before the Judicial Magistrate First Class, Jaijaipur, District Janjgir-Champa, alleging that the Petitioner herein who was in between working as the Chief Executive Officer of Janpad Panchayat, Jaijaipur and a host of other persons working under the said Janpad Panchayat is said to have committed great amount of misappropriation, illegality and irregularity while embezzling the government money received under the Employment Guarantee Scheme. It is alleged that the accused persons, all of whom have connived together and have prepared false and fabricated documents, muster rolls, bills etc., for the purpose of showing work in the execution of the Employment Guarantee Scheme and have in the process withdrawn huge amount of money, thus causing loss to the State Exchequer.

(3.) On receipt of the said complaint, the Magistrate ordered for the registration of the FIR and for conducting an investigation and to proceed further, vide its order dated 7.9.2009. Based on the said order of the Magistrate, the Police Station, Jaijaipur registered Crime No. 244 of 2009 and after investigation, charge-sheet was filed on 15.9.2009 against about 10 persons including the Petitioner. In the charge-sheet it was alleged that all the accused persons including the Petitioner have committed the offence under Sections 420, 467, 468, 471, 409/34 of IPC and the matter was put to trial.