RAJ KUMARI JAIN Vs. STATE OF M.P.

JUDGEMENT

(1.) This miscellaneous criminal case has been instituted on an application under Section 482 of the Code of Criminal Procedure for quashing the FIR in crime no. 486 of 2009 registered by Police Station Kotwali, Katni against the applicant Smt. Raj Kumari for the offences punishable under Section 418, 420, 423, 465, 468, and 471 of the I.P.C.

(2.) The facts necessary for disposal of this miscellaneous criminal case may briefly be stated thus: Applicant Raj Kumari was Mayor of Municipal Corporation, Katni in the year 2003. Her husband Mithlesh Jain is leader of the opposition therein since the year 2005. One Sandeep Jaiswal was Mayor of the Municipal Corporation, Katni in the year 2009. Applicant's husband Mithlesh Jain had made several complaints against Mayor Sandeep Jaiswal for numerous irregularities and illegalities committed by him in the functioning of the Municipal Corporation. Due to aforesaid political enmity, the First Information Report against the applicant Raj Kumari Jain was got lodged at the behest of Sandeep Jaiswal.

(3.) A perusal of the case diary reveals that one Manoj Kastwar lodged a complaint with Municipal Corporation, Katni, to the effect that applicant Raj Kumari, who was Mayor during the relevant period, showed that she traveled to Bhopal on official work from 14.6.2003 to 16.6.2003. For alleged journey from Katni to Bhopal, a vehicle, provided by a private agency namely Shweta Traveling Agency, was taken on hire. An amount of Rs. 6900/- was paid to Shweta Traveling Agency. In addition to aforesaid, applicant Raj Kumari Jain charged a sum of Rs. 200/- from the Municipal Corporation by way of daily allowance. However, entries made in the log-book of her official vehicle reveals that she was very much at Katni during the aforesaid period and had attended official functions. The applicant also signed log-book of the vehicle for aforesaid period. As such, she had defrauded the Municipal Corporation and by forging documents dishonestly caused wrongful loss of Rs. 7100/- to the Municipal Corporation and wrongful gain to herself.