DHARAM SINGH Vs. KAPTAN SINGH

JUDGEMENT

(1.) THE present petition has been filed under Section 482, Cr.P.C., for quashing the complaint (Annexure P1) and the summoning order (Annexure P2).

(2.) RESPONDENT -Kaptan Singh filed a complaint before the Judicial Magistrate Ist Class, Hansi, alleging therein that the Government had constructed a Ring Bundh in village Thurana for stopping the flow of the rainy water into village Thurana, which was situated in water-logged area. The allegations further are that Naveen Kumar, J.E., prepared a bogus muster-roll showing an expenditure of Rs. 12,539.10 incurred during the period July 20, 1994 to July 25, 1994, and also that 49 labourers were put on the job. According to the complainant, no one worked at the site. The petitioner had connived with Naveen Kumar, J.E., and Karan Singh, B.D. and P.O., and had given a certificate on the muster-roll to the effect that 49 persons, who were allegedly working as labourers, were actually paid. Thus, the allegations made in complaint were that the entries made in the muster-roll are bogus and that the petitioner along with Naveen Kumar, J.E., and Karan Singh, B.D. and P.O., had misappropriated the public funds.

(3.) MS . Priya Khaitan, learned counsel for the petitioner, vehemently argued that the complainant did not have any locus standi to file the present complaint. She further argued that the petitioner took the muster-oil, which had been prepared by the other accused for getting it signed by the Panchayat and had, therefore, no role to play in the alleged misappropriation of the government funds. Lastly, it has been argued by her that prior sanction under Section 197, Cr.P.C., was required to be obtained before the petitioner could be summoned. But it has not been done.