MARKANDEY SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The four Petitioners have come up with a prayer to quash the first Information Report dated 28th February, 2002 giving rise to registration of Case Crime No. 68 of 2002 Police Station Line Bazar District Jaunpur under Sections 467,468,471, 472, 419, 409, 420 I.P.C.

(2.) Sri U.N. Sharma, learned counsel appearing on behalf of the Petitioners urged that the impugned F.I.R. has been lodged at the instance of Mr. Barkhu Ram Verma, Member of the Legislative Assembly. Uttar Pradesh as the Petitioners had refused to oblige him which is apparent from the documents Annexures 4, 6 & 6A. No offence has been made out against the Petitioners inasmuch as out of Rs. 15 lacs only a sum of Rs. 13,20,000/- was released and balance of Rs. 1,80,000/- is yet to be released for which the work is still pending.

(3.) A perusal of the F.I.R. in question shows that the accusation against the Petitioners is in relation to mis appropriation of Rs. 2,16,468/- by preparing forged and fabricated documents while doing the work of laying down earth and of painting on 2 Kilometers Judpur Gopalapur Road for which a sum of 15 lacs of Rupees were sanctioned and it was lodged by Sri Umashanker Singh, the Project Director, District Village Development Abhikaran, Jaunpur against the petitioners.