KAUSHAL KISHORE BHARTI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is a petition under Section 482 of Code of Criminal Procedure, 1973 (for short 'The Code'), praying for quashment of First Information Report bearing crime No.0456/2017, registered at Police Station-Badnawar, District- Dhar against the applicant for offence punishable under Sections 420, 406, 409 and 120B of IPC and the consequential criminal proceedings pending before the First Additional Session Judge, Dhar in S.T. No.40/2017.

(2.) The relevant facts for disposal of the case in nutshell are that the applicant is working as Upyantri, Janpad Panchayat Badnawer, District Dhar. On 04/06/2017 a news article was published in daily morning news paper 'Dainik Bhaskar' disclosing the irregularities of Gram Panchayat Dharsikhedi, Badnawar, District Dhar, in respect of transferring the incentives to the beneficiaries who have constructed the toilets in the village under 'Swach Bharat Mission'. On 05/06/2017 the Executive Officer of Jilla Panchayat Dhar, District Dhar constituted a committee to verify the irregularities pointed out in the news article.

(3.) The aforesaid committee, after completion of enquiry submitted its final report in which it was found that the present applicant verified the constructions of 11 Toilets (toilets of beneficiaries in Swach Bharat Mission) and one Ashok Nayma (Rojgar Sahayak, Janpad Panchayat Badnawar, District-Dhar) updated the bank account numbers of the beneficiaries for the purpose of transferring the incentive to the beneficiaries. It is further alleged that the actual beneficiaries who constructed the toilets at their place under 'Swach Bharat Mission' did not get the beneficiaries incentive, instead of them the beneficiaries incentive was transferred to some other unknown persons bank account. It is also alleged that the applicant along with co- accused Ashok Nayama committed irregularities for construction of toilets and transferring the beneficiaries incentive under the scheme of 'Swach Bharat Mission' and thereby misusing their power, they misappropriated a sum of Rs.14,16,000/-.