VEER SINGH SAINI (BDPO) Vs. STATE OF HARYANA

JUDGEMENT

(1.) The conspectus of the facts and material, culminating in the commencement, relevant for the limited purpose of deciding the core controversy, involved in the instant petition and emanating from the record, is that, petitioner Veer Singh Saini was posted as BDPO at Loharu at the relevant time. In pursuance of the complaint of complainant Amar Singh & other inhabitants of the village to Deputy Commissioner, the matter was got enquired into by the Assistant Project Officer against the petitioner, accused Smt. Bedo Ex-Sarpanch and Secretary, Gram Panchayat of village Bithan, in respect of construction works under MNREGA Scheme. They were found guilty for misappropriation of huge amount of Gram Panchayat. As regards the present petitioner is concerned, it has been specifically mentioned that he released the amount for the path from village Bithan to Nakipur and Rajiv Gandhi Service Centre, even without starting the actual work. Not only that, he allowed fraudulent embezzlement of huge amount of Rs. 7 lacs by the Sarpanch. Sequelly, they were stated to have embezzled the amount of remaining works indicated therein in the enquiry report (Annexure P9), which formed the basis of FIR.

(2.) Leveling a variety of allegations and narrating the sequence of events, in all, the prosecution claimed that the petitioner and his other co-accused hatched a criminal conspiracy, cheated and misappropriated the huge amount of Rs. 20,03,582/- prepared the false attendance register, bills and record in this regard. In the background of these allegations, a criminal case was registered against the petitioner and his other coaccused, by virtue of FIR No.128 dated 23.12.2010 (Annexure P1), on accusation of having committed the offences punishable under sections 406, 409, 420, 467, 468 and 471 IPC by the police of Police Station Behal, District Bhiwani in the manner depicted here-in-above.

(3.) The petitioner-accused, instead of submitting to the jurisdiction of the trial Court, has straightway jumped to file the present petition to quash the impugned FIR (Annexure P1), invoking the provisions of section 482 Cr.PC, inter-alia pleading that he has no authority to specify the job under MNREGA Scheme. He released the amount as per the letter dated 11.3.2010 (Annexure P3) of Deputy Commissioner. He issued letter (Annexure P4) to Sarpanch, Gram Panchayat, Bithan to stop the payment. The Secretary lodged the report (Annexure P5) of missing of record. The petitioner wrote a letter (Annexure P8) to Deputy Commissioner to conduct the inquiry by higher officer. It was alleged that since the petitioner has been falsely implicated on the basis of enquiry report (Annexure P9), without any basis, so, the impugned FIR is liable to be quashed. On the strength of aforesaid grounds, the petitioner sought to quash the impugned FIR (Annexure P1) and all other subsequent proceedings arising therefrom in the manner described here-i-above.