RANVIR SINGH AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc.petition u/S.482 Cr.P.C. has been filed by the accused-petitioners for quashment of FIR No.207/2010 registered at Police Station Sarwar, District Ajmer for offence u/Ss.408, 409, 420, 467, 468 and 471 IPC. Accused-petitioners No.1 and 2 are brothers of accused-petitioner No.4 and accused-petitioner No.3 is their father.

(2.) Learned counsel for petitioners has argued that all the payments were made to the workers under the NREGA Scheme through account of the respective persons therefore allegation in the FIR with regard to illegal withdrawal of the amount by accused-petitioner No.3 being Post Master in the Post Office on his own after opening the account and withdrawn the amount of workers received under the NREGA Scheme, is baseless. It is contended that in fact petitioners have been made scapegoat because of the old enmity between the ex-Sarpanch Smt. Kamla Devi Jain and present Secretary of Gram Panchayat, Goyala, who have lodged false FIR against petitioners.

(3.) Learned Public Prosecutor has opposed the petition and submitted that allegation against the petitioners is quite serious and that all of them except petitioners No.2 and 3 were allowed anticipatory bail and anticipatory bail application of petitioners No.2 and 3 was allowed to be withdrawn. They should surrender before the investigating agency rather than approaching this Court and submit the material before the investigating agency, who shall consider the same regardless the fact that Secretary himself is complainant in the present case.