ADITYA SINGH SENGAR Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicant has filed this application under Section 482 of Cr.P.C. to quash the FIR in regard to Crime No. 198/2011 registered at Police Station, Khategaon, District Dewas for the offences punishable under Sections 420, 406, 409, 467, 468 of the Penal Code. Facts giving rise to this application are that at the relevant time, applicant was Sub-Engineer in M.P. Rojgar Guarantee Parishad, Jila Panchayat, Dewas and was posted in Khategaon, District Dewas. Collector, Dewas received a complaint regarding misappropriation of money in the Gram Panchayat, Dudwas, Tehsil Khategaon, District Dewas in the scheme viz., Mahatma Gandhi Rashtriya Gramin Rojgar Yojna. On the direction of Collector, Dewas, the Project Officer, District Panchayat, Dewas conducted an enquiry and submitted his report to the Collector. The Project Officer found that Gram Panchayat, Dudwas fraudulently registered attendance of four dead persons, i.e., Smt. Bonabai w/o. Bodar Shah; Smt. Gulabbai w/o. Gabulal; Ibrahim Khan and Janibai w/o. Kodar on muster roll and it has been shown that payment has been made to these dead persons. In the report, it was found that Sarpanch Omprakash and In-charge Secretary, Nazar Khan have misappropriated the money and SDO, Rural Engineering Services, Bagli and Sub-Engineer (present applicant) have issued the completion certificate. On this basis, Crime No. 198/2011 was registered at Police Station, Khategaon, District Dewas against Sarpanch Omprakash, Secretary Nazar Khan and applicant-Aditya Singh. Being aggrieved with this, applicant has filed this petition on the ground of nondisclosure of commission of offence against him.

(2.) Learned Counsel for applicant submits that the case is registered on the basis of enquiry report of Project Officer. In this report, there is no allegation against the applicant that he misappropriated the amount or he has committed any forgery for the purposes of cheating. In the report, it is mentioned that the SDO, Rural Engineering Services, Bagli and Sub-Engineer (present applicant) after evaluating the work issued the completion certificate, but it is nowhere mentioned that it was the duty of the Sub-Engineer to verify the attendance and identity of the labours.

(3.) Learned Counsel for applicant further submits that the Panchayat and Rural Development Department of State Government issued the circular (Annexure A-3) in which the duties and responsibilities of Sub-Engineer are defined. It is clear from this circular that duties and responsibilities of Sub-Engineer are in regard to technical advise and supervision of work, but it is nowhere defined that Sub-Engineer will verify the muster roll and the attendance of labours.