SANJAY KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Shri Praveen Dubey, Advocate for the applicant.

(2.) This petition has been filed under Section 482 of Cr.P.C. for quashing of the FIR of Crime No. 0196/2018, registered at P.S. Narojabad, Distt. Umariya for the offences punishable under Sections 409, 420, 467, 468, 471 and 120-B of the IPC.

(3.) As per the prosecution story, vide NIT dated 28.11.2015 bids were invited for construction of 1162 public toilets under "Swachh Bharat Mission" at ward No. 1 to 15 coming under Nagar Parishad Nowrozabad, District Umaria and after completion of the formalities, applicant Sanjay Kumar Sahu got the said contract and out of which the applicant completed more than 660 toilets and construction of rest of toilets is going on. The Collector Umaria has received the complaints that financial irregularities were being committed in the construction of toilets. On that, Collector Umaria constituted a three member committee comprising of Three Naib Tehsildar for inquiring the complaint. That committee enquired the complaint and did the spot inspection and found certain irregularities in construction of 68 toilets out of 660 toilets and sent the report that out of 660 toilets, 24 are incomplete, 6 toilets are sanctioned for beneficiaries, who are not residing in the concerned wards, 29 toilets in actuality have not been constructed but payment for the same has been claimed by the applicant and 9 toilets which were shown to be constructed by the applicant in fact have been constructed by the beneficiaries themselves on their own expenses. The amount for construction of these toilets have also been taken by the applicant. Thus, applicant Sanjay Kumar in connivance with co-accused Ompal Singh Bhadoriya, the then CMO, Nagar Parishad Nowrozabad, Jitendra Singh Parihar, present CMO, Manoj Shrivastava, Sub-Engineer, Smt. Suman Gotiya, President, Nagar Parishad Nowrozabad and Smt. Omwati Tiwari, Sub Engineer misappropriated Rs. 7,83,360/-. On that, police registered Crime No. 196/2018, at P.S. "Narojabad, District" Umaria under Sections 409, 420, 467, 468, 471, 120 B of IPC. Being aggrieved for that FIR applicant filed this petition.