OMPRAKASH Vs. STATE OF M.P.

JUDGEMENT

(1.) This application filed under Section 482 Cr.P.C. is for quashment of FIR and the proceeding arising therefrom in Sessions Trial No.93/2013 pending before Additional Sessions Judge-Kannod, District- Dewas under Sections 420, 406, 409, 467, 468 of IPC.

(2.) The facts giving rise to this application are that on 23.07.2011 Collector of District Dewas wrote a letter to Chief Executive Officer, Janpad Panchayat Khategaon, directing him to lodge an FIR against the applicant-Omprakash S/o of Amra Ji Beda, who was Sarpanch of Gram Panchayat Dudwas and Nazar Khan, Secretary of Gram Panchayat, Dudwas and also the Sub-Engineer Aditya Singh Sengar. It was further mentioned in the letter that a complaint was received that false job cards were prepared at Gram Panchayat Dudwas by the afore-mentioned persons and it was also alleged that on muster roll name of persons who were dead at that time were recorded and payment was made in the name of dead persons. Four instances were mentioned in the letter and then it was mentioned that on job card bearing Nos.80, 62, 40 and 137, the holders of the job card were already dead when their names were entered into the muster roll and they were paid wages for the labour allegedly did under the construction of gravel road within the jurisdiction of Dudwas Gram Panchayat.

(3.) On this information, crime No.198/2011 was registered under Sections 420, 406 and 409 of IPC and after due investigation, charge-sheet was filed under Section 420, 406, 409, 467 and 468 of IPC.