HANS RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned Counsel for the parties. Petitioner Hans Ram. Chairman of the Central Jo -operative Batik, Sawai Madhopur got collected some money for being presented to the Chief Minister towards 'Chief Minister's Relief Fund'. A complaint was lodged against unauthorized collection and Shri Brijendra Singh presented it to the Collector, Sawai Madhopur for inquiry, who transmitted it to the Additional Collector, Sawai Madhopur Learned Additional Collector, Sawai Madhopur, reached the contusion that the mode of collecting money was unauthorized. There were also certain erasures in the account -books of the Multi purpose Co operative Secret, Wajinpura. On the basis of that report the then Collector, Sawai Madhopur, lodged a first information report with the Police Station, Gangapur City. The police registered a case (No. 210 on December 3, 1976 against the petitioner under Section 420 and 468, Indian Penal Code.

(2.) THE contention of the petitioner is that he in fact wanted to collect an amount of Rs. 5,000/ - for being presented to the then Chief Minister Hon'ble Shri Barkatullah Khan. However, an amount of 2,200/ - only could be collected and as such he paid Rs. 5,001/ - out of his own pocket and got the amount of Rs. 2,200/ - deposited in Wajirpura Co -operative Society. The case of the 'state is that in fact no amount had been deposited with the Society and only paper entries had been made It ha been urged by learned Counsel, appearing on behalf of the State, that though an amount of Rs. 2,200/ - was shown as deposited in the accounts in between April 22, 1973 to April 26, 1973, as amount of Rs. 2,000/ -was shown as debited on April 25, 1975 towards the account of Ramoliram and Rs. 260/ - were shown debited towards the account of Ramoliram. No account has however, been submitted in respect of these sums. It has also been argued that the Auditors found certain interpolations in the record.

(3.) AS against contention of the earned Counsel for the petitioner that the amount of Rs. 2,200/ - obtained against the receipt, was not retained by the petitioner, the earned Counsel for the State has urged that the then Chief Minister, after accepting the donation of Rs. 5001 / - announced a matching grant and thus an amount of Rs. 10.000 / was re -donated for being spent over famine relit in Sawai Madhopur that, amount, the State counsel adds, has not yet been shown ether in the Collect rate's record or at any other place and it is for the accused to explain as to what has happened to that amount. It has further been urged that the petitioner is being required by the police for the last wore than seven months, but he had been avoiding appearance before the police.