TARUN KUMAR PAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application filed under Sec. 401 read with Sec. 482 of the Criminal Procedure Code, 1973 seeking quashing of the proceeding in connection with Mallarpur Police Station Case No. 49 dtd. 15/3/2021 under Ss. 420, 406, 409 and 34 of the Indian Penal Code giving rise to G.R. Case No. 331/2021 pending before the learned Additional Chief Judicial Magistrate at Rampurhat, Birbhum.

(2.) The specific case of the petitioner is that he worked as a Village Level Entrepreneur (VLE) since 2018 under Baraturigram Gram Panchayat, Mayureshwar-I Development Block and Panchayat Samity Office. He is innocent and without his involvement, the Block Development Officer, Mayureshwar-I, District- Birbhum, lodged a complaint on 15/3/2021 regarding involvement in an anomaly with regard to the fund transfer issues to the beneficiaries regarding Awaas Yojana Scheme against Naba Kumar Let, member of Baraturigram Gram Panchayat and Tarun Kumar Pal/present petitioner (VLE) on the basis of enquiry report as submitted by the Pradhan of Baraturigram Gram Panchayat under Mayureshwar ' I. On the basis of the said complaint, a Mallarpur PS Case No. 49/2021 dtd. 15/3/2021 has been registered under Ss. 420, 406, 409 and 34 of the IPC against Naba Kumar Let, member of Baraturigram Gram Panchayat and Tarun Kumar Pal/present petitioner (VLE).

(3.) The role of the petitioner is only Geotagging which is the process of adding geographical identification metadata to various media such as a geotagging photograph or video, websites, SMS messages, QR Codes or RSS feeds and is a form of geospatial metadata. The present petitioner had taken photographs of the ongoing construction for geotagging. The Awaas Yojana Scheme launched by the Government for constructing houses for poor peoples. The beneficiaries applied for Awaas Yojana Scheme after all formalities and production of relevant documents. Those applications along with the documents of the beneficiaries specifically verified by the Block Development Officer (for short BDO) and confirmed the beneficiaries' name, who are actually eligible to get benefit of such scheme. After getting such confirmation from the Block Development Officer (BDO), those details of the beneficiaries were again verified and allotted the funds by the District Magistrate to the respective beneficiaries. Thereafter, the BDO distributed the fund by transferring to the bank accounts to the beneficiaries to the tune of Rs.60,000.00 out of total amount of Rs.1,20,000.00 each as a first installment.