GIRDHARILAL MADHAVDAS RAMRAKHYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) All applicants herein are seeking exercise of powers under Sec. 482 of the Code of Criminal Procedure [ Cr.P.C .] praying for following principal relief:

(2.) Under the aegis of Union Government, the Government of Maharashtra declared implementation of a housing scheme i.e. Integrated Housing and Slum Development Programme [IHSDP]. Under said scheme, houses were to be constructed at a cheaper rate specifically for homeless and weaker Sec. of the society. Though it was a joint venture of the Central as well as the State Government, vide Government Resolution dtd. 25/6/2007, the scheme was decided to be actually executed by local body. The Maharashtra Housing and Area Development Authority [MHADA] was appointed as a nodal agency for supervision and smooth implementation of the scheme. A sub-committee was also constituted to oversee execution of the scheme. Modalities were also chalked out for implementation of the scheme, more particularly in Dondaicha town, for the period from 2008 to 2015.

(3.) A complaint came to be lodged by one Krushna Nagrale, initially against seven persons, imputing following illegalities and irregularities; firstly - constructing excess houses than required and sanctioned; secondly - houses were constructed on private land instead of Government land as required; thirdly - while implementing scheme there was misappropriation and misutilization of fund; fourthly - ineligible persons were selected as beneficiaries; fifthly - lands were purchased without paying due consideration; sixthly - construction was of substandard quality; and lastly - basic and essential facilities were not provided for. In the light of above accusations, investigation was undertaken and initially seven persons were implicated. However, as investigation progressed, complicity of present applicants was said to be revealed and they too came to be arraigned along with others for commission of offence under Ss. 406, 420, 464, 465, 468, 471, 120-B and 34 of the Indian Penal Code [ IPC ]. Above FIR and the consequential charge sheet are now sought to be quashed and set aside by invoking provisions under Sec. 482 of the Code of Criminal Procedure [ Cr.P.C .]. SUM AND SUBSTANCE OF RIVAL CONTENTIONS On behalf of the applicants: