JAMILA BEGUM PRADHAN Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Anurag Khanna, learned counsel for the petitioner and learned standing counsel for the opposite parties.

(2.) Impugned herein is the order dated 16.12.1997, a copy of which has been annexed as Annexure-1 to the writ petition. In addition to the prayer of issue of a writ of certforort quashing the impugned order, the petitioner has also made a prayer for issue of a writ of mandamus directing the respondents not to register First Information Report against him.

(3.) A perusal of the impugned order indicates that some complaint was made against the petitioner who la the Pradhan of the concerned Gram Panchayat, regarding misappropriation of Gaon Sabha property, viz., trees situate on plots mentioned in the Impugned order. It appears that on the said complaint some enquiry was held by the Additional District Magistrate (Administration) pursuant to an order dated 29.10.1997 of the District Magistrate and an enquiry report dated 7.11,1997 was submitted. Considering the said report, the District Magistrate passed the impugned order directing initiation of proceedings against the Pradhan for restitution of misappropriated property of Gaon Sabha with a further direction that a charge-sheet be Issued against the petitioner and sub-committee be constituted for exercise and performance of financial and administrative powers and functions of the Pradhan. It was also ordered that an F.I.R. be lodged against the petitioner regarding misappropriation of Gaon Sabha property.