TIRATH RAM Vs. SWARAN DASS

JUDGEMENT

(1.) One, Tirath Ram instituted a complaint under Sec. 200 Crimial P.C. before the learned trial Court concerned, alleging therein, of illegal disbursement of funds being vis-a-vis the accused named therein. (a) empathetically contrary to the mandate of the apposite scheme, (b) The disbursement of funds vis-a-vis co-accused Herbansi Devi, occurred, under the Indira Gandhi Aawas Youzna AND were distributed vis-a-vis her for enabling her, to construct her house. At the time, of, the aforesaid accused hence seeking disbursement of funds under the aforesaid scheme, visa-vis her, she purveyed to the Panchayat concerned, all documents, wherein a clear display occurs, of hers, intending to raise construction, upon land existing within the territorial domain, of Gram Panchayat Kuriala yet the resolution recommending disbursement(s) of funds vis-a-vis her, was rendered by a Panchayat, other than the one wherewithin whose territorial domain, she intended to construct a house.

(2.) The learned trial Magistrate took cognizance on the complaint AND proceeded to order for issuance, of, summons upon the accused, named in the complaint concerned. The accused hence instituted a revision petition, before, the learned Sessions Judge, thereupon the latter set-aside the summoning order rendered by the learned trial Court. The complainant is aggrieved therefrom hence has preferred the instant petition, constituted under Sec. 482 of the Code of Criminal Procedure. It is apparent on a reading of the concluding portion, of Annexure P-1, Annexure whereof, is a report furnished, before the learned trial Magistrate, by the Additional S.P. Una, (i) of no specific inter-diction being borne in the relevant scheme, against, disbursement of funds being recommended by a Panchayat other than the one wherewithin whose territorial, domain, the aspirant intends to raise construction. The aforesaid concluding portion, of, Annexure P-1 hence does render open a conclusion, of even, if a resolution was made, by a Panchayat other than the one, within whose territorial domain the aspirant intended to raise construction, (ii) thereupon with the resolution being merely recommendatory in nature (iii) besides with sanction(s) being meted thereto by the Block Development Officer and by the Deputy Commissioner, thereupon (iv) there was no incriminatory liability fastenable upon the accused, (v) moreso, when the aspirant had purveyed to the Panchayat concerned, all papers revealing hers intending to raise construction, upon, land situated within the territorial domain of Panchayat Takka. Even otherwise the resolution is merely a recommendery resolution. Uncontrovertedly, with the construction by Harbansi Devi, being completed, after hers using the apposite funds, thereupon it would not be appropriate to reverse the impugned order. In sequel thereof it can be concluded, that the learned Sessions Judge has aptly quashed the summoning order, rendered by the trial Magistrate vis-a-vis the accused. Accordingly, the instant petition is dismissed. No costs.