VIJAY SINGH KSHATRIYA Vs. STATE OF M.P.

JUDGEMENT

(1.) SHRI Prabhakar Singh, counsel for the petitioner. Dr. Anjali Gyanani, Panel Lawyer, for the State.

(2.) PETITIONER has filed this petition under Section 482 of the Code of Criminal Procedure for quashing the first information report dated 25.5.1996 registered by Police Chitrangi at Crime No.36/1996 under Sections 419, 420, 467, 468, 471, 477A IPC and Section 6 of the M.P. Vinirdishta Bhrasht Aacharan Niwaran Adhiniyam, 1982.

(3.) ACCORDING to prosecution, when construction work of Kudainiya percolation tank at Chitrangi was being done, the petitioner was posted as Sub Engineer in the Water Resources Department. He was incharge of the work in question. A complaint was received by the officers of the department that forged muster rolls were created after obtaining false thumb impressions of fictitious persons. It is said that on the basis of forged vouchers payments to fictitious persons were shown. Thereby the amount, said to have been spent on the work as per muster roll, was misappropriated. On receiving the complaint, on the orders of Collector Sidhi, an enquiry was conducted by Sub Divisional Officer (Revenue), Deosar wherein it was found that after forging the muster rolls a huge amount of money was misappropriated. Thus, the offences under Sections 419, 420, 467, 468, 471, 477A IPC and Section 6 of the M.P. Vinirdishta Bhrasht Aacharan Niwaran Adhiniyam, 1982 were committed. After enquiry, primafacie evidence was found against the petitioner and other accused persons therefore first information report was lodged against them at Police Station Chitrangi.