BHUPENDRASINH PRABHATSINH SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) As common question of law and facts arise in this group of Special Criminal Applications, they are disposed of by this common judgment and order.

(2.) Special Criminal Application No. 1855/2009 under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "CrPC") has been preferred by the petitioners herein - original accused - Chairman and Managing Director of the Panchmahals District Cooperative Milk Producers' Union Ltd, to quash and set aside the impugned FIR being C.R. No.1-4/2009 registered with 'B' Division Godhra City Police Station lodged by respondent No.2 herein - original complainant - Assistant Cooperative Officei (Audit), Office of District Registrar, (Cooperative Societies), Godhra, Panchmahals for the offences punishable under Sections 467, 468, 408, 409, 420, 471 and 120B of the Indian Penal Code, 1860 (hereinafter referred to as "IPC").

(3.) It is alleged in the FIR being C.R. No.I-4/2009 registered with 'B' Division Godhra City Police Station (subject matter of Special Criminal Application No. 1855/2009) that the original complainant is serving as Assistant Cooperative Officer (Audit) in the office of District Registrar (Cooperative Societies), Godhra and that one complaint was received in the office of District Registrar (Cooperative Societies) by four tribal persons that in their name the government subsidy is shown to have been given by the Panchmahals Dairy and infact they have not received any government subsidy. It is further alleged that Central Government floated a scheme for giving 50% subsidy to the tribal agriculturists for purchase of buffaloes and for that per buffalo Rs. 14,000/ - was to be considered as price of the buffalo and under the scheme, 50% - Rs.7000/- was to be given to the tribal agriculturists as subsidy. It is further alleged in the said FIR that for implementation of the said scheme and whether the same is properly implemented or not, is the duty of the Chairman and the Managing Director of the Panchmahals Dairy and the amount of subsidy was required to be paid through their office at Godhra. It is alleged in the said FIR that it was alleged in the complaint that till date they have not submitted any application for purchase of buffalo nor they have given any consent. It is submitted that it was specifically complained that they were not asked by the Panchmahals Dairy. It is further alleged that therefore there is large scale irregularities, illegalities and misappropriation of the amount and the amount of subsidy is alleged to have been given and/or misappropriated by creating false documents and they have used the said fund for themselves. It is further alleged in the said FIR that the Sub-Registrar of the Cooperative Societies inquired into the allegations in the complaint made by the aforesaid four tribal agriculturists and he submitted report to the District Registrar, Godhra on 31.08.2009 and it was submitted in the said report that though only four tribal agriculturists have made the complaint, if the allegations are further investigated, it is likely that there is possibility of misappropriation of more amount by creating false documents and therefore, the impugned FIR has been filed for the aforesaid offences against the petitioners by alleging inter-alia that the petitioners - original accused and others have in connivance with each other created the false documents and record and have misappropriated huge amount of government subsidy and have used for their own benefits. Therefore, it is alleged that the petitioners and other persons have committed offences punishable under Sections 467, 468, 408, 409, 420, 471 and 120B of the IPC.