RAKESH KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Petitioner has filed this revision petition against the order dated 01.04.2017 passed in Special Case No. 11/13 by the Special Judge (PC Act), Sagar of framing of charge.

(2.) A charge has been framed against the petitioner for commission of offence punishable under Section 120-B of Indian Penal Code. It is mentioned in the charge that the petitioner was posted as District Inspector of Khadi Gramodyog, Sagar and the Government floated a scheme to advance loan to the persons for establishment of business. The petitioner conducted spot inspection and he had deliberately given false information, due to which, the loan was advanced to a person who was not eligible for the same.

(3.) A loan was advanced to beneficiary Natthulal Ahirwar of Rs.2,60,000/- (Rs. two lac sixty thousand) for construction of building, Rs. 2,60,000/- (Rs. two lac sixty thousand) for working capital and margin money and another Rs.2,00,000/- (Rs. two lac) for machinery. The total amount of Rs.5,20,000/- (Rs. five lac twenty thousand) was advanced to the beneficiary. It was found after inquiry that the beneficiary had neither purchased the machinery nor erected the factory. He fraudulently received total amount of Rs.5,20,000/- (Rs. five lac twenty thousand). The petitioner made an inspection of the spot of Dal Mill, for which loan was said to be advanced on 28.09.1996. He submitted wrong information deliberately in order to give benefit to the beneficiary. The beneficiary mentioned in the loan application his business as agriculture, however, the petitioner mentioned in the report that the beneficiary was working in a Dal Mill. He also mentioned the income of the beneficiary Rs.4000/- per month and further mentioned the fact that beneficiary had four acres of agricultural land, however, the beneficiary himself mentioned his total income Rs.12000/- per year and the beneficiary had no agricultural land in his name. The object of submitting false information in the inspection report was to give benefit to the beneficiary.