SOMTI DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ALL these petitions have been filed under Section 482 of Code of Criminal Procedure (for short 'Cr.P.C.') for quashing the investigation in pursuance of the crime registered against the petitioners for the offences punishable under Sections 420, 467, 468, 471, 120B IPC and Section 13(l)(d)(ii) of the Prevention of Corruption Act, 1988. While the investigation was on its way at the initial stage, the petitioners filed these petitions and succeeded in getting the following stay order: In the meanwhile the parties shall maintain status quo, as obtaining today.

(2.) AT the outset, it may be stated that in the respective reports there are serious allegation of mis -appropriation and mis -use of money granted by the Central Social Welfare Board for social welfare schemes. This amount was in lacs of rupees. It also contained complaint of falsification of accounts and documents prepared with a view to show that the amount given in grant were utilised by the concerned organisations/institutions registered under the Rajasthan Societies Registration Act. As per the allegations made in the FIR, a sum of Rs. 4,35,463/ - were sanctioned as grant by the Central Social Welfare Board for Utilisation for social and welfare schemes. Some of the activities for utilisation of the amount related to organisation camps for development of children and to create awareness in the public, for development of Dairy 'Bal -Bari' Family Advisory Centre etc.

(3.) THE then Additional Director -cum -Cashier of Social Welfare Department Smt. Hansa Devi apprehended that the amount of grant made available to the various voluntary organisations were mta -appropriated and mis -used by them, as such, she got the matter enquired. The inquiry so conducted revealed mis -appropriation and mis -utilisation of money in violation to the conditions under which the grant was made for social and welfare schemes. It also transpires that the employees of social welfare board were also involved and they were charging substantial amount for giving reports for making inspection of the institution. The inquiry report was also attached with the reports. On the basis of the averments made in the report and facts contained in the inquiry report and other documents filed alongwith the inquiry report, criminal cases were registered as stated above. After registration of the case, some investigations were also carried on by the Investigating Agency, but before it could be completed the petitioners approached this Court and succeeded in getting halt in further investigation.