BADIBAHU Vs. STATE OF M.P.

JUDGEMENT

(1.) THE applicant has filed this petition invoking the extraordinary jurisdiction of this Court under Section 482 of the Code of Criminal Procedure for quashing the FIR registered as Crime No. 40/2011 at Police Section Madiyado under Sections 420, 468 and 471 of IPC. The facts in a nutshell, giving rise to this petition are that the application was a Sarpanch and one Satyanarayan was the Secretary of Gram Panchayat, Kanakpura between February, 2005 and February, 2010. It is pleaded that Satyanarayan forged the signature of applicant and withdrew the money from Bank. It is further alleged that earlier on 21.6.2006, Satyanarayan went to the Bank and withdrew a sum of Rs. 9,000/ - while this money was being paid to the applicant Sarpanch. At that time, Satyanarayan abused and assaulted applicant. Therefore, she lodged report (Ex. P -1). It is pleaded that applicant is an illiterate woman and only Secretary made embezzlement of money, therefore, she made a representation to Department of Panchayat, Old Secretariat, Bhopal vide complaint dated 7.12.2009 (Annexure P -2). It is further pleaded that she also lodged a report Town Inspector, Madiyado regarding illegal activities of the Secretary, vide complaint dated 6.12.2009. It is further pleaded that SDO, Hata, wrote a letter to Chief Executive Officer, Janpad Panchayat, Hata that Satyanarayan had done embezzlement of a sum of Rs. 6,83,002/ -, thereafter the Collector has withdrawn the power of Secretary from Satyanarayan and directed to, lodge FIR against him. Copy of the aforesaid orders are (Ex. P -5 and P -6). But unfortunately, Chief Executive Officer wrote a letter on 23.3.2011 to Town Inspector, P.S. Madiyado to register a case against Secretary of Panchayat along with applicant. Consequently, Impugned FIR was registered against the applicant along with Secretary, hence, this petition.

(2.) LEARNED Counsel for the applicant submitted that Collector, Damoh vide his order dated 21.2.2011 has fixed the responsibility of embezzlement of Rs. 6,83,002/ - on the Secretary. Further SDO, Hata, vide his order dated 9.3.2010 directed the Chief Executive Officer, Janpad Panchayat, Hata, for lodging report against Secretary in regard to aforesaid embezzlement of huge amount, but contrary to aforesaid orders of superior authority, CEO, Janpad Panchayat, Hata, wrote letter dated 23.3.2011 to SHO Police Station Madiyado to register the case against this applicant along with Satyanarayan. It is further submitted that since applicant herself made the complaint against Secretary Satyanarayan in regard to embezzlement of the amount and further alleged that secretary made forged signature as well as Secretary took sign of applicant by making false facts for payment of amount to the different workers and thereafter, he withdrew the amount and kept in his possession or misappropriated the same elsewhere. It is further submitted that inquiry was conducted on the information of applicant. On the basis of inquiry repot of Chief Executive Officer, Janpad Panchayat, Hata Collector had passed the order dated 21.2.2011. In these circumstances, if registration of offence remains continued against this applicant, it will amount to harassment to her as well as abuse of process of Court of law. Therefore, he prays for quashment of FIR lodged against the applicant.

(3.) I have perused the order dated 21.2.2011 (Annexure P -6) passed by the Collector, Damoh and order dated 9.3.2010 passed by SDO, Hata (Annexure P -5), along with letter dated 23.3.2011 sent by CEO, Janpad Panchayat, Hata to SHO, Police Station Madiyado along with FIR of Criminal Case N. 110/06 registered against Secretary, Satyanarayan.