K. NANJUDAN Vs. STATE

JUDGEMENT

(1.) The petitioner/A4 in Special C.C.No.37 of 2015 filed a discharge petition in Crl.M.P.No.213 of 2017 before the learned Assistant Sessions cum Special Judge, Udhagamandalam and the same was dismissed by order dated 12.11.2019, against which the present revision.

(2.) The case of the prosecution is that during the year 2007-2008, "Indira Awas Yojana Scheme" of rural development was implemented by the petitioner and other accused for getting financial assistance to construct houses for beneficiaries from Nelakottai Village Panchayat. In the implementation of scheme, the petitioner and other accused conspired to swindle the funds of government alloted for the beneficiaries. The specific case against the petitioner is that the petitioner in the capacity of Block Development Officer, Panchayat Union, Gudalur, with intention to defraud the public funds, made false accounts in the Final Contract Certificate entrusted to him by Nelakottai Village Panchayat President and he passed bills for the government subsidy amount and swindled the amount with help of other accused. When the case was registered, the petitioner was in service. After completion of investigation and filing of charge sheet, the petitioner retired from the service. Hence, the sanction for prosecution under Section 19 of the Prevention of Corruption Act, 1988, was not obtained.

(3.) In implementation of the above scheme, during the period from 13.06.2008 to 17.06.2009, the petitioner along with other accused in conspiracy with each other had created false documents by forging the signatures of beneficiaries and thumb impression in the Final Contract Certificate, based on which, forged cheques were prepared as genuine and thereby, committed misconduct and misappropriation of Rs.3,24,139/-. Hence, the accused committed the offence under Section 120(B), 167, 468, 471, 477(A), 409, 420 IPC and Section 13(2) r/w 3(1)(c) of the Prevention of Corruption Act, 1988. On completion of investigation, charge sheet was filed annexing statements LW1 to LW24 and documents LD1 to LD39.