GANGA PRASAD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) With the consent of Learned Counsel appearing for the parties, the matter is heard finally.

(2.) The instant revision has been preferred against the order dated 18.6.2018 passed by the Special Judge under the Prevention of Corruption Act (henceforth 'the PC Act'), Balrampur at Ramanujganj in Special Criminal Case No.3 of 2017, whereby the Special Judge has framed charges against the present Applicant for an offence punishable under Sections 420, 420 read with Section 420/34, 471 of the Indian Penal Code and Section 13(2) of the PC Act.

(3.) At the relevant time between the period from 1999 and 2000, the Applicant was posted as a Field Officer at Zila Antyavasayee Sahakari Vikas Samiti Maryadit, Ambikapur. At that point of time, the State Government had floated a scheme for grant of loan to the weaker section through implementing agency, i.e., Zila Antyavasayee Sahakari Vikas Samiti Maryadit. Under the said scheme, the Samiti had sanctioned and disbursed the said loan for 1 tractor, 1 jeep and 2 diesel pumps to the beneficiaries. On 28.10.2002, a written complaint was submitted by some of the persons, namely, Ajay, Siyaram, Sameshwar, Shivnath and Jugeshwar contending inter alia that the loan under the said scheme was shown to have been sanctioned in their names whereas they had not received the loan amount. They further alleged that Ex-Sarpanch, namely, Vijay Gupta has played fraud by preparing forged documents and by impersonating other persons in the name of Complainants has succeeded in getting the loan. Under the scheme, the loan amount was directly disbursed to the concerned dealers of the articles and, therefore, Vijay Gupta also obtained the articles. On the basis of said complaint, First Information Report was registered against Vijay Gupta on 27.7.2003 for the offence punishable under Section 420 of the Indian Penal Code. On completion of the investigation, when charge-sheet was filed, name of the present Applicant was also included in the charge-sheet as an accused. Vide the impugned order dated 18.6.2018, the Trial Court has framed the charges against the present Applicant. Hence, this revision.