JANARDHAN DASS Vs. PREM CHAND

JUDGEMENT

(1.) JANARDHAN Dass, Gram Sachiv of Gram Panchayat Babain has challenged his prosecution launched by Prem Chand an Ex-Sarpanch for offences under Sections 419/420/218/465/468 etc. of the Indian Penal Code by moving the present petition under Section 482 of the Code of Criminal Procedure.

(2.) THE complainant has alleged that he was elected as Sarpanch of Gram Panchayat, Babain on 22.6.1983 and continued working as such uptil July, 1988 and Janardhan Dass used to be Gram Sachiv who used to maintain accounts of the aforesaid Gram Panchayat ; that when statement of accounts was prepared in June, 1988 a little before he relinquished his charge the aforesaid Gram Sachiv obtained Rs. 8,200/- as an 'illegal gratification' otherwise he was threatened that he would be held responsible for several vouchers and other financial irregularities ; that in fact the Gram Sachiv himself was colluding with Om Parkash, Block Development and Panchayat Officer and wanted that they both should be prosecuted and punished.

(3.) A summoning order has been passed by the Judicial Magistrate I Class, Kurukshetra on 9.1.1993. The learned counsel for the petitioner has referred to the relevant part of para 2 of the complaint which is reproduced as under :-