GIAN SINGH Vs. KIRPAL SINGH

JUDGEMENT

(1.) This is a litigious endeavour for which air in the District of Hoshiarpur in the State of Punjab is very conducive.

(2.) The petitioner was elected as a Sarpanch of the Gram Panchayat during the years earlier to 1972. Thereafter, he vacated the seat and kept dormant. The respondent at that time became a Member Panchayat and remained as such till the year 1983 for nearly 11 years. The respondent then did not get elected for the succeeding term in the year 1983. The petitioner, however, got, elected and became a Sarpanch.

(3.) The respondent, however, had on 2.2.1982 filed a complaint against the petitioner under sections 408, 465, 467 and 471, Indian Penal Code. The allegations were that while as a Sarpanch in the year 1972 he had prepared wrong record and embezzled a sum of Rs. 2,353.60 p. covered under Heads 7-A to J. The respondent stated in his complaint that initially the B.D.O. Tanda had made an inquiry and referred the matter to the S.H.O., Police Station, Tanda for registration of the case but no action was taken. As is plain from the report of the Police Station, Tanda, the record was scrutinised and no amount was found due from the petitioner which he could have embezzled. It is clear therefrom that no allegations stood proved against the petitioner and whatever amount was less had been deposited by him. The police thus was, on scrutinising the record, of the view that the petitioner was innocent and blameless. In the complaint, reason mentioned for delayed moving the Court is that from reliable sources it was known that the petitioner had misappropriated several funds of the Gram Panchayat and, therefore, the accounts and the records had thoroughly been checked up which revealed the defalcations committed by the petitioner. It was further admitted in the complaint that after the petitioner left the office of the Sarpanch, various other Sarpanches had in the meantime acted as such and had handled the records. The learned Magistrate, however, issued process against the petitioner only under section 409, Indian Penal Code.