HIMMAT SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition, filed by the petitioner Himmat Singh, is directed against the order dated April 17, 1982, passed by the Chief Judicial Magistrate, Banswara, in Criminal Original Case No. 197/84. By his order aforesaid the Chief Judicial Magistrate has ordered that charges under Sections 468, 420 and 109 I.P.C. be framed against the petitioner. In pursuance of the aforesaid order charges under Section 420/420 read with Section 109 I.P.C. and 468 I.P.C. have been framed against the petitioner on April 17, 1982. In the revision petition the petitioner has prayed that the aforesaid order dated April 17, 1982, passed by the Chief Judicial Magistrate and the charges framed against the petitioner in pursuance of the said order be quashed.

(2.) THE petitioner was posted as Overseer in the office of the Assistant Engineer, P.W.D. (B&R) at Banswara during the period from July 1, 1958 to August 27, 1959. During this period the work for repair of the Ghatol Road from Banswara to Pratapgarh was under taken by the P.W.D. On the basis of an anonymous complaint addressed to the Deputy Superintendent of Police, Anti -Corruption Department, Udaipur, a case under Sections 420, 468 I.P.C. was registered on June 23, 1961. In the said complaint it was stated that in the construction of the Ghatol Road during the period from April to June 1959, fictitious names were entered in the attendance registers of labourers and cartmen and that the Overseer in the P.W.D. at Bansawara and other staff of the Government had misappropriated Government money. In the said complaint it was further stated that the name of Bhawani Singh s/o Kodarsingh, Rajput, resident of Surpur, Tehsil Banswara, was entered amongst the cartmen but the said Bhawanisingh had no cart and no bullock and that he had actually worked as a labourer and was paid Rs. 50/ - and that about Rs. 50/ - had been received by Overseer Harnarian. In that complaint it was also stated that Nathusingh s/o Bhawani Singh, Rajput r/o Surpur also does not have a cart or a bullock but his name is entered amongst cartman although he was studying in Class vi when his name was shown in the register and that the Overseer after getting his signatures forged by some body else had obtained payment in his name Another instance given in the said complaint was that of Puja, resident of Ghatol whose name was entered amongst Cart menalthough he does not have a cart & payment was obtained in his name. In the said complaint it was also stated that payments were taken by the Overseer in the names of other persons also by showing their names. After the receipt of the aforesaid anonymous complaint the police investigated the matter and after investigation a final report was submitted on 29 -8 -1968. In the said report it was stated that there is no sufficient evidence to establish the guilt of the accused persons The Munsif and Judicial Magistrate 1st class, Banswara, by his order dated January 4, 1971, did not accept the said final report submitted by the police and after perusal of the documents filed with the report, held that there was sufficient ground for proceeding against the petitioner and the other there accused persons viz Harinarain, Narainsingh and Pratapsingh, under Sections 420, 468, and 109 I.P.C.

(3.) I have heard Shri M.M. Singhvi, the learned Counsel for the petitioner and the learned Public Prosecutor.