AJAY SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Petitioner, the Chief Executive Officer of District Panchayat, Rajgarh has moved this petition for quashing the First Information Report dated 12.1.2009 registered at Crime No. 3/2009, by Special Police Establishment Lokayukta, Bhopal against him and another accused under Section 13(1)(c)(d) read with Section 13(2) and Section 15 of the Prevention of Corruption Act, 1988 (for short the Act') and Sections 409, 218 and 120B of the Indian Penal Code.

(2.) According to complaint submitted by Urmila Singh to Lokayukta she was Sarpanch of Gram Panchayat Dhatrawada, Janpad Panchayat, Jeerapur. During her tenure, she got constructed a Panchayat Bhawan, in which she spent Rs. 8200/-from her pocket. After evaluation of her work, the aforesaid amount was deposited in the bank account of Panchayat for being paid to her. After her tenure, accused Raghuveer Singh was elected as Sarpanch. The said amount of Rs. 8200/-was to be paid to Urmila Singh by Raghuveer Singh after withdrawing the same from the bank. The amount was deposited in the bank on 8.2.2001. On 9.2.2001, Raghuveer Singh withdrew Rs. 8000/-from the bank, but did not pay the same to Urmila Singh. After about 8 months, on 22.11.2001, Raghuveer Singh redeposited the said amount in the bank. On 3-4 occasions, he withdrew the amount from the bank and after using the same redeposited it. Thus, Raghuveer Singh retained and converted the said amount to his personal use for a period of two years and nine months.

(3.) It is alleged that in the year 2001, a question was raised in the Assembly about misappropriation of the said amount by the then Sarpanch Raghuveer Singh and non payment of the said amount to Urmila Singh. According to Urmila Singh the then Collector submitted false reports in the Assembly that she did not furnish bills and vouchers about the expenses incurred by her, in the Panchayat and that Sarpanch Raghuveer Singh committed no error. According to complaint, Sarpanch Raghuveer Singh committed misappropriation of Rs. 8200/-for about 2 years and nine months and Collector J.N Kansotiya gave a false report to Government with a view to save Raghuveer Singh from punishment. As such, J.N. Kansotiya committed offences under Sections 193, 420 and 297 of the Indian Penal Code and Section 13(1)(d) read with Section 13(2) of the Act. Raghuveer Singh committed offence under Section 406/409 of the Indian Penal Code.