RADHESHYAM SAWLE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Criminal Revision has been filed under Section 397/401 of the Cr.P.C. against the order dated 28/03/2011 passed by II Additional Judge to the Court of IV Additional Sessions Judge, Khandwa in ST. No. 196/2010, whereby learned ASJ framed charges against the applicant for the offence punishable under Sections 120-B, 467/120-B, 468/120-B, 471/120-B, 409/120-B and 420/120-B of the IPC.

(2.) As per prosecution case on 06/10/2007 Smt. Rukmani Bai, Sarpanch of village Kalmukhi lodged a written complaint averring that a road was constructed between Dongargarh and Kalmukhi under Employment Guarantee Scheme under the supervision of applicant Radheshyam Sawle, who was posted at Public Works Department as Sub-Engineer. It was alleged that the applicant prepared forged muster roll, in which the name of Babulal More resident of Kalamukhi, who was employed at Indira Sagar project, Dr Laxman resident of Kalmukhi, who was posted at Veterinary Hospital, Bherukhera, Chandram resident of Bhopal, who was posted in Railway Department and Sunil More resident of Jammu, who is employed in Military, were mentioned and the applicant withdrew the payment in the name of above these persons mentioning that all of them did job in the construction work of said road. So, action be taken against him. On that, Police enquired into the matter. During enquiry it was found that the applicant Radheshyam Sawle, the then Sub-Engineer (PWD) in connivance with co-accused Govind Verma, Asha Chawda, Girdharilal, Ashok Kumar and Shyamlal by mentioning the name of Babulal More, Dr. Laxman, Chandram and Sunil More in the muster roll falsely showed that they worked under the Rojgar Guarantee Yojna for construction of road between Dongargarh and Kalimukh and withdrew the amount as wages in the name of these persons, while they were engaged in other Departments. So, Police registered Crime No. 251/2008 for the offence punishable under Section 409, 420, 467, 468 of the IPC against the applicant and co-accused Govind Verma, Asha Chawda, Girdharilal, Ashok Kumar @ Ganpat and Shyamlal and filed chargesheet before the Court. On that charge-sheet S.T. No. 196/2010 was registered, which is pending before the Court of II Additional Judge to the Court of IV Additional Sessions Judge, Khandwa.

(3.) Learned trial Court after hearing the parties framed the charges against the applicant for the offence punishable under Sections 120-B, 467/120-B, 468/120-B, 471/120-B, 409/120-B and 420/120-B of the IPC. Being aggrieved from that order applicant filed this revision.