LEKHRAM RAMTEKKAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is an application for quashing the first information report (Annexure. P-11) and the challan (Annexure. P-13) and charge sheet for prosecution of the applicant under S. 420 read with S. 34 of the IPC. The applicant was a Government servant as Village Assistant (Panchayat Secretary) in village Nakshi in district Balaghat. A scheme was started known as Rural Housing Programme for the development of construction of residential house for rural people by providing them subsidised loans and grants. The grants were to be sanctioned by the Block Development Officer and payment was made to the applicant which was to be credited in the joint name of the beneficiary and the applicant. An amount of Rs. 4,000.00 was sanctioned which was deposited in the Seva Sahakari Samiti (Bank). It was found that the paid amount was not properly utilised and forged vouchers were prepared and certificate of the Sarpanch was attached. On these allegations the prosecution was filed.

(2.) Against the said prosecution this application has been filed for quashing the prosecution, on the ground that there is no ground made out for proceeding with the prosecution in as much as no specific act or omissions have been specified in the first information report regarding the part played by the applicant.

(3.) The applicant has only done what was required under the rules for withdrawing the amount and depositing the same in his name along with that of the beneficiary.