SHIVA SHIV PRASAD SHUKLA Vs. STATE

JUDGEMENT

(1.) THE petitioner is the Mukhiya of Kabirpur Gram Panchayat in Siwan sub-division of the former district of Saran. He has filed this application under Section 561-A of the Code of Criminal Procedure, hereinafter referred to as the "Code", for quashing the order of the learned Sub-divisional Magistrate dated the 30th September, 1972. passed on a complaint presented to him by Shri Muni Shankar Singh, the Prakhand Vikas Padadhikari (P. V. P.) of Mairwa Block.

(2.) THE substance of the aforesaid complaint petition is that the P. V P. had visited village Kabirpur along with (i) Shri R. C. Sahai, Anchal Adhikari, Mairwa. (ii) Shri Kishun Lall. Jeep driver. (iii) Shri Shyam Bihari Singh Block Agriculture Officer and (iv) Shri Rarnii Rai, a resident of village Barka Maniha at about. 3 p.m. on the 30th September, 11972. THE purpose of his visit was to inspect the work of repairs of Nehru Path Which was in progress under H. M L. (Hard Manual Labour) Scheme No. 14 of 1972-73. When the P. V. P. and others reached the scheme site, the village Level Worker. Shri Narendra Prasad. who was incharge of supervision of the scheme, turned up. THEreupon the P. V. P. took from the possession of the V.L.W. the muster roll which was to be maintained daily showing regular payment to the labourers engaged in the scheme at the prescribed rate and began to verify the payments shown therein by enquiry from the labourers. Certain discrepancies and under payments were narrated by a labourer, whereupon the Mukhiva. Pandit Shiva, Shiv Prasad Shukla. (the petitioner), who was present at the scheme site from before along with the V.L.W.. interfered with-the work of verification which was being done by the p. V. P. and began to abuse him filthily and also tried to snatch away the muster roll from his hand. THE P. V. P.. however, did not allow the Mukhiya to snatch away the register, whereupon the Mukhiya threatened to-kill him in case he did not return the register and left the site immediately. THE Mukhiya further said that the action of the P. V. P. in attempting to verify the payments etc. would not only ruin him. but would also ruin his V.L.W. as the latter was the spot officer. THE V.L.W. actively supported the actions of the Mukhiya. THE face of the Mukhiya had become red. THE Mukhiya raised his hand and actually gave one slap to the P. V. P. Some of the labourers working on the scheme began to take sides with the Mukhiya. THEreupon on apprehending more trouble and danger to his life. the P. V. P. left the scheme site and went straight to the Sub-Divisional Magistrate(to file this complaint).

(3.) THE complaint petition further recited that at the time of the Verification made by the P. V. P., the names of Sukhdeo. Suraifoali. Deodhar, Jangi Lai and other labourers, who were working at the scheme since 27-9-1972. were shown in the muster-roll as working from 30-9-1972. indicating thereby that the muster roll maintained by the executing agent, the Mukhiya and the V.L.W. was false and fabricated and such a fabricated document had been produced before the P. V. P. who had gone to the spot in the capacity of the inspecting officer. It was further stated that full details of the allegations against the Mukhiya and others would be apparent from the muster-roll which the P. V. P. had seized at the spot and was being placed before the Sub-Divisional Magistrate for perusal. It was also indicated that besides the labourers working on the scheme, there were many other persons of the locality who were present at the place of the occurrence and their names could be found out if an enquiry was made. THE concluding paragraph of the complaint petition was in the following terms: From the facts stated above, a case u/s-. 353. 332. 506. 409, 467. 468, 471 read with Section 34 of the I. P. C. are made out against 1. Shri Raghubar Prasad Shukla 2. Shri Shiva Shiv Prasad Shukla. 3. Shri Narendra Pd.. V. L. W, It is requested that immediately legal necessary action mav be taken against them treating it as a complaint, otherwise, it would be difficult to perform Govt. duties properly in the area.