LAKHAN Vs. STATE OF MP

JUDGEMENT

(1.) Heard on IA No.3020/2019, which is an application under Section 5 of Condonation of delay in filing the present petition. As per Office report, the petition is barred by 50 days. Having regard to the reason assigned in the application, which is supported by affidavit, the same is allowed. Delay is condoned.

(2.) The petitioner has challenged order dated 03.10.2018 passed by the Special Judge (Prevention of Corruption Act) Badwani in Special Criminal Case No.02/2012, whereby the Court has framed charges against the petitioner under section 120-B , 409 , 467 , 468 of the IPC and section 13(1) (c) of the Prevention of Corruption Act , 1988.

(3.) It is the case of embezzlement of more than Rs.5.21 crores of 'Manerega' scheme of the government meant for welfare of the downtrodden. Alleged modus operandi was that the cheques issued by the Jila Panchayat for payments of the labourers engaged to provide them guaranteed employment were deposited by the accused persons in the newly opened bank accounts instead of depositing them in the official accounts of the concerned Gram Panchayat. The new bank accounts were opened against the law and the permitted procedure. The accused persons deposited the cheques in those unofficial accounts, withdrew the money and misappropriated the same. It is alleged that all the accused persons connived for this object, each official/person involved in the process; played their part and they all shared the booty. They all together misappropriated the funds and caused wrongful loss to the government. A detail inquiry was conducted by the committee constituted by the collector, who found that the huge money was siphoned by the accused persons for their own wrongful gain.