D R LONGRE Vs. STATE OF M P

JUDGEMENT

(1.) THIS order shall dispose of M. Cr. C No. 2691/99 Filed on behalf of D. R. Longre and M. Cr. C. No. 1362/2001 filed on behalf of Sylvester Ekka.

(2.) THESE petitions are filed, seeking the relief of quashment of proceedings in Criminal Case No. 387/94, pending in the Court of J. M. F. C. , Baihar, Distt. Balaghat, on the ground of lack of sanction for prosecution as provided in Section 197 of Cr. PC.

(3.) THE facts leading to the prosecution of these two petitioners may be summarised as follows:-D. R. Longre and Sylvester Ekka were working and in control of relief work, which was being carried out at Singhbagh, Jalgaon and Manikpur stop dam in the capacity of S. D. O. and Sub-Engineer respectively in the Department of Water Resources under the State Government of Madhya Pradesh. It is alleged against both of these petitioners that while disbursing the payment to the labourers, which were engaged to carry out the work, these two petitioners prepared the forged muster rolls and by showing the false disbursement of money to the labourers, which were shown to have been engaged in those muster rolls, these two petitioners misappropriated Rs. 1,96,091/- and Rs. 61,798/- respectively. For committing Criminal Breach of Trust in respect of aforesaid amounts, both of these petitioners are facing Criminal Trial No. 387/95 in the Court of J. M. F. C. , Baihar, for offences punishable under Sections 409 and 420 of the IPC.