ASHOK KUMAR CHOUHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner has approached this court for quashing the FIR bearing Crime Number 20/2010 under Sections 420, 467, 468, of IPC and 13(1)(d), r/w 13(2) of the Prevention of Corruption Act, 1988 (for short the Act, 1988) registered at Police Station Neemuch Cantt., District Neemuch and charge-sheet filed and all proceedings of Special S.T. No.03/14 pending before Special Judge (P.C. Act), Neemuch along-with the order of Special Judge dated 22.07.2017 whereby the learned judge has rejected the plea of the petitioner for quashing the proceedings pending against the petitioner.

(2.) Facts relevant to the present controversy in short are that the petitioner who is a public servant was posted as Chief Executive Officer (CEO) of Jila Punchayat, Neemuch from August, 2007 to June, 2009. One Govardhan Pandya filed a complaint against him making allegation that he spent more money released for implementation of the "Mukhyamantri Majdoor Surksha Yojana, 2007" (hereinafter referred to as the 'Scheme') which came into effect from 11.10.2007, in the administrative head to get the stationary printed from a particular press against the direction of the government not to spend more than 4% of the money released for the scheme and thus, caused loss to the public exchequer to the tune of Rs. 4,95,950/- and misappropriated public money by forging and fabricating false documents and also by abusing his authority as a public servant.

(3.) The Police Station-Neemuch Cantt. registered Crime No. 20/10 under sections 420, 467, 468, IPC and 13(1)(d) r/w section 13(2) of the Prevention of Corruption Act, 1988 against the petitioner and the then account officer of Jila Punchayat, Neemuch Mr. P.C. Ghavri on 10.01.2010. After the investigation, the police concluded that there was a direction issued by the administrative department of the 'Scheme' i.e. Social Justice and Disable Persons Welfare Department, Government of M.P. that the administrative expenses of the 'Scheme' shall not be more than 4% of the funds allotted for the 'Scheme', while the petitioner and the co-accused (P.C. Ghavri), spent Rs. 5,30,400/- out of Rs. 8,61,311/- only for printing stationery, which comes about 61% of the amount allotted for the 'Scheme'. 4% of Rs. 8,61,311/- comes to Rs. 34,450/- against which Rs. 5,30,400/- were spent in the administrative head and in this way, the petitioner and co-accused caused loss to the public exchequer by abusing their authority and by forging false documents.