RAKESH DEVI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This revision has been directed against the order dated 17-9-2001 passed by A.C.J.M. 2nd, Bijnor in case No.790 of 2001 taking cognisance of the offence and summoning the applicant under Ss.409, 420 and 468 I.P.C.

(2.) It appears that Yasspal Singh opposite party No.2 moved an application under S.156 (3) Cr. P.C. before the Magistrate for registration and investigation of case against the applicant, who was the Pradhan of Gaon Panchayat of Barampur and Magnesh Kumar husband of the applicant with the allegation that vide resolution dated 5-3-1998 contribution for the construction of latrine at the rate of Rs. 850.00to general person and Rs.725.00 to Scheduled Caste persons was to be collected. In all 81 persons were selected as beneficiaries of the above scheme and material for construction of 100 latrine was collected and its cost was withdrawn from the panchayat, but only 98 latrines were constructed and the Pradhan and her husband embezzled cast of two latrines. A sum of Rs.3375.00 was collected from the persons of general persons and Rs.42775.00 from the Scheduled Cast persons but only a sum of Rs.25475.00 was shown in the cash book and the accused embezzled a sum of Rs.50450.00. Another sum of Rs.20,000.00 was embezzled by making forged receipt for return of money. A sum of Rs.350.00 was collected from one Meeru S/o Nanhey, but above amount was not shown in the cash book. On the basis of above application and on the order of the Magistrate a case under Ss.409, 420,120-B, 467 and 468 I.P.C. was registered against the applicant and her husband. After investigation the police submitted charge sheet against the applicant and her husband. The learned Magistrate on receipt of charge sheet ordered registration of case and summoned the applicant and her husband vide order dated 17-9-2001. The above summoning order has been challenged in this revision.

(3.) Heard Sri V.P. Srivastava learned counsel for the applicant and learned A.G.A. and perused the record.