VIJAYSINH RAGHUVIRSINH ZALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY this application under section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), the applicant seeks quashing of the first information report registered vide Zalod Police Station I-C.R. No.115 of 2008 for the offences punishable under sections 406, 429, 420, 120B of the Indian Penal Code and sections 7, 12, 13(1)(d) of the Prevention of Corruption Act.

(2.) THE facts stated briefly are that the respondent No.2 lodged the above referred first information report against the applicant and five others alleging that under the Ten Point Program of the Chief Minister, Vanbandhu Kalyan Yojna, Project Sunshine, 2008 had been declared with a view to double the agriculture income in the tribal areas by increasing the production and with a view to increase opportunities qua employment in the field of agriculture to obtain higher profit from high quality hybrid corn cultivation in the Talukas of Garbada, Zalod, Fatehpura, Limkheda of Dahod District in 2008- 09. It was alleged that as per the letter dated 28.5.2008, the work of distribution in Zalod Taluka was entrusted to the applicant herein and, as such, the seeds and fertilizers were required to be distributed at village level in the presence of the Village Committee. It was further stated that if the project was not implemented in terms of the guidelines, the Organization would be responsible for the same and would be liable for the financial loss caused thereby. It was on the said condition that the work of distribution of seeds and fertilizers was entrusted to the said Organization. It was further alleged that in relation to village Jasuni, upon randomly contacting thirty beneficiary agriculturists it was found that five of the beneficiaries had not obtained any kits, the cost of which came to Rs.9,302.50.00 whereas twenty five beneficiary agriculturists had received kits, however, at the time of distribution, no representatives of the Mahatma Gandhi Pratisthan, Dahod had remained present. That Rs.150.00 per head had been recovered from each of the aforesaid beneficiaries amounting to Rs.3,750.00 and as per the statement of the beneficiaries, the Sarpanch's men, namely, one Rameshbhai Punjabhai Ravat and Bhavsingbhai Bhemabhai Ravat had taken cash amount and given the kits. Thus, the condition stated in the letter dated 28.8.2008 had not been complied.

(3.) MR . Y.M. Thakkar, learned advocate for the applicant invited the attention of the court to the allegations made in the complaint to submit that the complainant has said that he was authorized to lodge the complaint in respect of the Sarpanch and his accomplices and that insofar as the Non-Governmental Organisation is concerned, separate proceedings are required to be lodged. Insofar as the applicant is concerned, what has been mentioned in the first information report is only that the Mahatma Gandhi Pratisthan, Dahod did not comply with the instructions issued in the circular dated 20.8.2008. It was submitted that despite the fact that the complainant has been authorized to lodge the complaint against five persons, whose names and roles have been specified therein, the name of the applicant is shown as accused No.1 by the concerned officer of Zalod Police Station. It was submitted that on a bare perusal of the first information report, it is apparent that there is no allegation made against the applicant herein so as to constitute the offence alleged and, as such, the first information report is required to be quashed qua the present applicant.