KAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner has prayed for quashing of the FIR, FIR No.237/2010, dated 13.12.2010, registered at Police Station Manoharpur, District Jaipur Rural for offences under Sections 420, 409 IPC.

(2.) IT is the case of the petitioner that the said FIR has been lodged on the basis of an inquiry carried behind the petitioner's back. The FIR was lodged by the Ramesh Kumar Jain, Assistant Engineer, Panchayat Samiti, Virat Nagar, District Jaipur. The learned counsel for the petitioner pleads that a bare perusal of the FIR would reveal that no offence under Sections 420, 409 IPC is made out. Moreover, according to the inquiry report, four labourer had not been paid their salary. However, the affidavits of Banshi, Vardhi Chand and Girdhari have been submitted before this Court, wherein they claimed that they were, in fact, paid by the petitioner who was the Sarpanch at that time. Lastly, the petitioner is not the only one who deals with the amount released by the Government, in fact, there are others. Therefore, the petitioner is not the person who has committed the offences under Sections 420 and 409 IPC. Heard the learned counsel for the parties and perused the FIR.