DAYABHAI NANJIBHAI KACHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule, returnable forthwith. Learned Additional Public Prosecutor Mr.L.B. Dabhi waives service of Rule. The application is taken up for final consideration today itself.

(2.) It is in connection with First Information Report bearing Crime Register No.I-121 of 2016 registered on 22nd November, 2016 with Jasdan Police Station, Rajkot Rural, that the applicant-accused has presented this learned Additional Public Prosecutor under section 438 of the Code of Criminal Procedure, 1973. The offences which are alleged in the F.I.R. in question are those punishable under Sections 406, 409, 420, 467, 468, 471, 474, 477A and 114 of the Indian Penal Code, 1860.

(3.) Applicant herein is the President of accused No.3 Asmita Samvardhan Trust. The First Information Report named 13 accused, of whom 12 were the Non-Governmental Organisations (NGOs)-the Trusts. Accused No.13 was the third party inspection agency-the Regional Director of All India Institute of Local Self-Government. The allegations in the First Information Report pertain to irregularities in the construction of toilets which was undertaken under a Scheme of the State Government called Swachh Bharat Abhiyan for the purpose of families who did not have the toilets in their houses. According to the F.I.R. under the Scheme of the State Government, contract was given by Jasdan Nagarpalika to the named NGOs to erect the toilets under the contract at the different places in Jasdan Nagarpalika area. The entire F.I.R. was based on an inquiry report dated 16th October, 2016 of the Deputy Collector. The inquiry was undertaken upon the complaints received about commission of irregularities.