Madhya Pradesh High Court
Sunil Solanki vs Special Police Establishment Lokayukt on 6 April, 2017
Bench: S.C.Sharma, Rajeev Kumar Dubey
-: 1:- Cr.R.No.1616 of 2016
HIGH COURT OF MADHYA PRADESH, JABALPUR
BENCH INDORE
( Division Bench )
( Hon'ble Shri Justice S.C.Sharma and
Hon'ble Shri Justice Rajeev Kumar Dubey )
Criminal Revision No.1616 of 2016
Sunil Solanki S/o Shri Ganeshram Solanki and others
VERSUS
State of M.P. through Special Police Establishment,
(Lokayukt), Ujjain
*****
Shri Ashish Gupta, learned Counsel for the applicants.
Shri Anand Soni, learned Counsel for the
respondent/Special Police Establishment (Lokayukt), Ujjain.
*****
O R D E R
(Delivered on this th day of April, 2017) Per : Rajeev Kumar Dubey,J.
This Criminal Revision has been filed under Section 397 read with Section 401 of Cr.P.C. against the order dated 27.10.2016 passed by the Special Judge (Prevention of Corruption Act), Dewas, in Special Case No.7/2016; whereby learned Judge framed charge against applicant No.1 for the offences under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 and Section 409 in alternate 409/120-B, 420 in alternate 420/120-B, 467 in alternate 467/120-B, 468 in alternate 468/120-B and 471 in alternate 471/120-B of IPC and -: 2:- Cr.R.No.1616 of 2016 against applicants No.2 & 3 for the offence under Section 420 in alternate 420/120-B, 467 in alternate 467/120-B, 468 in alternate 468/120-B and 471 in alternate 471/120-B of IPC.
[2] Brief facts of this case are that on the information that the then Chief Executive Officer of Janpad Panchayat, Khategaon, District Dewas in connivance with other officers and employees posted under him had misappropriated Government fund allocated for distribution to registered Self Help Group involved in implementing the mid day meal scheme Special Police Establishment (Lokayukta), Ujjain registered primary inquiry No.9/12 and investigated the matter. In the investigation it was found that applicant No.1 Sunil Solanki, the Data Entry Operator in Janpad Panchayat, Khategaon, District Dewas in connivance with other co- accused Shri Rameshwar Yadav, Assistant Grade-3, the then In-charge of Mid Day Meal Scheme Ashok Upadhyay, Accountant, Janpad Panchayat, Khategaon misappropriated amount worth Rs.14,38,764/ by preparing forged list of unregistered Self Help Group and illegally transferred the said amount in their accounts and applicants No.2 and 3, the mother and sister of applicant No.1 were also associated with a Self Help Group naming "Mitra Mandal Nayapura"
which received such illegal funds. On this Crime No.213/13 was registered against applicant and other co-accused and charge-sheet was filed against applicants and other co- accused before Special Judge (Prevention of Corruption Act, 1988),Dewas, thereafter, on that charge-sheet Special Case No.7/16 was registered against applicants and other co--: 3:- Cr.R.No.1616 of 2016
accused. Learned Special Judge by the impugned order framed aforesaid charges against applicants. Being aggrieved from that order applicants filed this revision.
[3] Learned counsel for the applicants submitted that no list of such alleged unregistered Self Help Group has been filed by the non-applicant along with the chargesheet to whom fund was allegedly transferred by the applicant. Non- applicant did not make the then Chief Executive Officer of Janpad Panchayat, Khategaon accused. Besides the amount which was allegedly transferred to the accounts of unregistered Self Help Group has already been recovered, so there is no evidence to frame the charges against the applicants. Learned trial court committed mistake in framing aforesaid charges against applicants.
[4] On the contrary, learned counsel for the non- applicant submitted that from the charge sheet it clearly appears that applicant No.1 Sunil Solanki, who worked as Data Entry Operator and other co-accused Shri Rameshwar Yadav, Assistant Grade-3, In-charge Mid Day Meal, Ashok Upadhyay, Accountant misappropriated the amount allotted for Mid Day Meal scheme and non-applicants No.2 and 3, who are mother and sister of applicant No.1 also received part of that fund in the account of their unregistered Self Help Group called "Mitra Mandal Nayapura" so there is an ample evidence to frame the aforesaid charge against the applicants.
[5] We have gone through the record and arguments put forth by the learned counsel of both the parties. For framing of charge strong suspicion about commission of -: 4:- Cr.R.No.1616 of 2016 offence and accused's involvement of offence is sufficient. Hon'ble Apex Court in its judgement passed in Hemchand V/s. State of Jharkhand reported in (2008) 5 SCC 113 has held that, "at the stage of framing of charge, Court exercises a limited jurisdiction - It has to see whether prima facie case has been made out or not - concern of the Court should be to see whether a case of probable conviction for commission of an offence has been made out on the basis of the materials found during investigation. Defence and documents filed by accused are not to be considered at this stage."
Apex Court in Bharat Parikh V/s. Central Bureau of Investigation and another reported in (2008) 10 SCC 109 also held that, "While framing charge, the trial court can only look into the materials produced by the prosecution - At the stage of framing charge roving and fishing inquiry is impermissible and a mini-trial can not be conducted at such stage. At the stage of framing of charge the submissions on behalf of the accused has to be confined to the material produced by the investigating agency."
and Apex Court in Soma Chakravarty V/s.
State through CBI reported in (2007) 5 SCC 403 held that, "at the stage of framing of charge - Material brought on record has to be accepted true. At the stage of framing of a charge, probative value of the materials on record cannot be gone into the materials brought on record by the prosecution has to be accepted as true at that stage."
[6] It is clearly mentioned in the charge-sheet that during relevant period applicant No.1 Sunil Solanki was posted as Data Entry Operator in Janpad Panchayat, -: 5:- Cr.R.No.1616 of 2016 Khategaon. He also collected data regarding the registered Self Help Group, which were to be allocated the fund for Mid Day Meal from the office in a pendrive and produced it to treasury. On that basis the amount was transferred to the account of these registered Self Help Groups. But Applicant No.1 Sunil Solanki produced the names of ineligible Self Help Group to the treasury by manipulating data forging the pendrive and got the said amount transferred to their accounts and collected that amount for himself from these ineligible Self Help Groups, thereby committing fraud with Government and misappropriated the amount. Regarding applicants No.2 and 3, mother and sister of applicant No.1, it is mentioned that they are associated with one such fake Self Help Group named "Mitra Mandal Nayapura" which received a part of that amount. With the help of applicants No.2 and 3, applicant No.1 embezzled the said amount. That the non-applicant did not make some other persons allegedly associated with the crime accused, is not a ground to discharge the applicants. The names of said unregistered Self Help Group's and amount so transferred in their account is clearly mentioned in inquiry report. The fact that the amount has already been recovered from applicants and other persons is also not a ground to discharge them, as offence was made out on the very day when amount was transferred in an illegal manner. So learned trial court did not commit any mistake in framing aforesaid charge against the applicants.
[7] In view of the above, this Court is of the considered opinion that trial Court has not committed any -: 6:- Cr.R.No.1616 of 2016 mistake in framing aforesaid charges against the applicants. Hence, the Revision has no force and is accordingly dismissed.
C.c. as per rules.
(S.C.Sharma) (Rajeev Kumar Dubey)
Judge Judge
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