PARVATI DEVI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE applicant, by means of present petition moved under Section 482 Cr. P.C., seeks to quash the order dated 08.02.2010 passed by Chief Judicial Magistrate, Bageshwar in Criminal Case no.214/2006 State vs. Puran Chand Nainwal.

(2.) WHEN the impugned order was passed, a criminal case no.214/2006 captioned as "State vs. Puran Chand Nainwal" was pending in the court of Chief Judicial Magistrate, Bageshwar. The prosecution evidence was concluded, the statement of the accused was recorded under Section 313 Cr.P.C., arguments of learned counsel for the parties were heard and eventually the criminal case was reserved for judgment. During the course of arguments, it came to the notice of Chief Judicial Magistrate that Smt. Parvati Devi, Gram Pradhan, Pothing too should have been made co -accused. The trial court, therefore, went through the documents brought on record and considered the statements of prosecution witnesses to come to a conclusion that Smt. Parvati Devi, Gram Pradhan should also be summoned as accused under Section 319 Cr.P.C. Learned Magistrate, therefore, issued summons to Parvati Devi to face the trial, vide impugned order dated 08.02.2010. Aggrieved against the same, present application under Section 482 Cr.P.C. was filed by the applicant.

(3.) ACCORDING to the trial court, PW1 Rohitash Kumar, Manager, UCO Bank stated that a joint account in the name of Gram Sabha, Pothing was opened in UCO bank and the said account was to be jointly operated by Gram Pradhan and Gram Panchayat Vikas Adhikari. PW1 indicated, in his cross -examination, that the bearer of the cheque was Gram Pradhan, Pothing. The cheque would not be encashed unless there are signatures of Gram Pradhan on the back of the cheque. PW2 Hari Kishan Chotrani also mentioned in his statement that the account was opened in the name of Gram Sabha, which was to be operated by the Gram Pradhan and Gram Panchayat Vikas Adhikari. The cheque in question was jointly signed by Gram Pradhan (applicant herein) and Gram Panchayat Vikas Adhikari. PW4 Damodar Pant, District Development Officer, Pithoragarh stated that he initiated the departmental proceedings against Gram Panchayat Vikas Adhikari regarding cheating and embezzlement. PW4 also stated that a ADO, Panchayat enquired into the matter and found that Gram Panchayat Vikas Adhikari and Gram Pradhan (applicant herein) withdrew a sum of Rs.2,22,000/ - through cheque. Out of such amount, a sum of Rs.9,676/ - was not deposited by the Gram Pradhan in the bank. The same was embezzled by her. The responsibility lay with Gram Pradhan and Gram Panchayat Vikas Adhikari jointly. When PW5 Suresh Chandra Joshi, Assistant Development Officer enquired into the matter, he found that cash book was incomplete. In his cross -examination, PW5 stated that neither monthly meetings of panchayat were convened for the last several years, nor statements of expenditure were presented. In his cross -examination, PW5 also stated that the money was embezzled jointly by the Gram Pradhan and Gram Panchayat Vikas Adhikari. PW9 Devi Dutt Joshi stated that the Gram Pradhan was removed after 'no confidence motion' against her sailed through. Gram Pradhan Parvati Devi admitted in her statement that she deposited a sum of Rs.9,676/ - in the bank subsequently.