ROSHAN LAL TIWARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) An unusual interesting case of the prosecutor becoming the accused, for cheating and corruption offence, the total amount analysed being Rs. 33.50/- has come to lime light in the criminal revision petitions filed under Section 397 Cr.P.C. by petitioner Roshan Lal, The amount of Rs. 33.50/- again is spread over in two years 1978 and 1979 as it is alleged that on 9-1-1978 the petitioner drew travelling allowance of Rs. 6/-as rickshaw charges and Rs. 8/- as daily allowances. On 12-4-1979 travelling allowance drawn is Rs. 8/- with Rs. 11.50 as daily allowances and this makes the total amount of Rs. 33.50/-.

(2.) Surprisingly enough this corruption and cheating as alleged by the prosecution was detected and discovered in the year 1981 when First Information Report was lodged, by one Shyam Lal Reader of the court in which the accused was the Assistant Public Prosecutor. Investigation followed. The modu soperandi of the investigation was search and research of the order sheets in which the Assistant Public Prosecutor was absent and then the bills of the travelling allowances and the daily allowances from 1978 to 1981.

(3.) The detective agency could find out ultimately that where as Rs. 33.50/- was actually obtained by the petitioner as daily allowance and travelling allowances without attending the court on the date for which it was drawn. Yet other bills amounting to Rs. 111.52 of 1978 and 1979 and 1980 and for Rs. 180/- of 1979 were submitted for, without attending the court at the Camp courts. These bills were not paid. For Rs. 76/- it was not drawn by the accused. The amount of Rs. 111.52/- was still in the process of preaudit checking and therefore, was not paid.