MAHENDRA SINGH S/O SOHAN RAM BY CASTE JAT, RESIDENT OF SURATPURA AT PRESENT SARPANCH GRAM PANCHAYAT SURATPURA, PANCHAYAT SAMITI RAJGARH TEHSIL RAJGARH DISTRICT CHURU Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under section 482 Crimial P.C. has been filed by the petitioners being aggrieved with the order dated 20.07.2013 passed by Additional Sessions Judge, Rajgarh, District Churu (for short 'the revisional court' hereinafter), whereby it has dismissed the Cr. Revision Petition No.57/2009. The said revision petition was filed by the petitioners being aggrieved with the order dated 24.06.2009 passed by Additional Chief Judicial Magistrate, Rajgarh, District Churu (for short 'the trial court' hereinafter) in Cr. Case No.254/2009, whereby it has negated the final report filed by the police in connection with FIR No.67/2007 of Police Station, Rajgarh, District Churu and taken cognizance against the petitioners for the offences punishable under sections 420, 467, 468, 471 and 120-B Penal Code and summoned them through warrant of arrest.

(2.) Brief facts of the case are that respondent No.2 filed a complaint before the trial court on 10.02007 against the petitioner No.1 Mahendra Singh and one Rajveer son of Satyapal, resident of Suratpura, Tehsil Rajgarh, District Churu alleging therein that from 21.05.2006 to 31.05.2006 a work for construction of Khura from the house of Mairam to the house of Phoola Ram Khati was sanctioned by the Disaster Management and Aid Department of Government . For the said work, muster roll No.217748 was issued by the Government to the petitioner No.1 Mahendra Singh. It is alleged that in the said muster roll, an entry was made at serial No.10 in respect of Rajveer showing that he worked as labour, however he is working in Indian Army and was not present at village Suratpura during the period, the said Khura Road was being constructed and, therefore, it is clear that the petitioner No.1 has committed forgery and illegally made forged entry in the muster roll and on the basis of the said entry, misappropriated a sum of Rs.1080.00.

(3.) The police after thorough investigation has submitted the final report while concluding that the entry in the muster roll was made by Patwari and Gram Sewak concerned and the petitioner No.1 being a Sarpanch did not make any entry in the muster roll. The police has also concluded that as a matter of fact at the time of making entries of labours in the muster roll, name of Rajveer was wrongly mentioned in place of his brother Rajkumar. Later on, an application was moved by Rajkumar and the payment of the work done by him was made to him as per the instructions given by Block Development Officer of the Panchayat Samiti concerned. The police has, therefore, concluded that the allegation levelled in the FIR of making forged entry against the petitioners is not made out.