Punjab-Haryana High Court
Sundeshwar Roy vs State Of Haryana on 21 March, 2023
Author: Sandeep Moudgil
Bench: Sandeep Moudgil
Neutral Citation No:=
101
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-11505-2023
DECIDED ON: 21.03.2023
SUNDESHWAR ROY
.....PETITIONER
VERSUS
STATE OF HARYANA
.....RESPONDENT
CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL.
Present: Mr. Sahil Goel, Advocate
for the petitioner.
SANDEEP MOUDGIL, J (ORAL)
Prayer in the present petition is for grant of anticipatory bail to the petitioner in FIR No.0396, dated 01.10.2021, under Sections 420, 467, 468, 471 of IPC, 1860, registered at Police Station Pinjore.
The grounds for filing the instant petition is enumerated in the FIR, which reads as under:
"That the copy of complaint is as stated that a complaint No.129-DC dated 29.07.2021 of Women and Child Development Project Officer Pinjore after enquiry by the Assistant Commissioner of Police Heardquarters as per the orders of the higher officials was received in the police station for registering of a case along with documents and separate complaint from the concerned department which is as stated - From the Women and Child Development Project Officer Pinjore. To, The Station House Officer Police Station Pinjore No.1482 dated 24.09.2021. Subject- Regarding providing information of fake cases on the portal of Prime Minister Matru Vandana Plan. In 1 of 4 ::: Downloaded on - 10-06-2023 01:45:35 ::: Neutral Citation No:= CRM-M-11505-2023 -2- reference to the aforesaid matter it is being written in your service that under the Prime Minister Matru Vandana Plan being run by the department data entry operator had been provided e-mail id [email protected] and WCDPO had been provided with the e-mail ID [email protected] in which the data entry operator used to provide total amount of Rs.5000/- in three installments (Rs.1,000, Rs.2,000 and Rs.2,000) to the pregnant woman in first pregnancy whose form is filled on the online portal. After that it is approved by the WCDPO. After that this amount comes in the account of the pregnant woman through the PFMS, but some time back both our these ID's were hacked by someone and they by feeding fake cases in the portal from dated 20.05.2021 to 30.05.2021 have got the amount credited in their account. When the office came to know in regard to this and the status was checked then it was found that 1319 instalments (439 cases) had been filled from different angunwari centres of the block. On being checked it was found that all these cases were not of the concerned anganwari centres and nor were filled by the anganwari worker. These cases were not also verified by the supervisor and nor were filled in the portal by the data entry operator because during this time due to ill health she was on leave and nor was approved at the SO level by the CDPO madam. After getting the information written complaint had been made to the higher officials but still the payment of these cases was done. The benefit of this scheme is given in three instalments and the benefit of three instalments together is usually not given to any beneficiary and such types of cases are very few. But in all the aforesaid cases the benefit has been given after filling all the three instalments together. Out of the cases that are filled at the block level many cases come back in the correction queue due to some
2 of 4 ::: Downloaded on - 10-06-2023 01:45:36 ::: Neutral Citation No:= CRM-M-11505-2023 -3- online discrepancy but no case from the fake cases came in correction queue. From the aforesaid facts it seems that some person has initiated this proceeding by hacking the ID of the scheme. So, you are being requested that enquiry be done against that person who has filled these forms after hacking the IT Mobile-7888824770. SD/- Aaru Vashisht Woman and Child Development Project Officer Pinjore No.1483 dated 24.09.2021. A copy of this is being sent to the District Programme Officer for information. SD/- Aaru Vashisht Woman and Child Development Project Officer Pinjore Police Proceedings- On receiving the aforesaid complaint after enquiry by the higher officials in the police station for registering of a case and on finding occurrence of offence U/s 420, 468, 471 IPC FIR No.0396 dated 01.10.2021 U/s 420, 468, 471 IPC was registered at Police Station Pinjore. Copy of FIR and original complaint will be handed over to ASI Nasib Singh for further investigation. Copies of FIR are being prepared and are being sent in the service of higher officials. The station house officer and the higher officials were informed in regard to the facts of the case. The record was completed as per rules. The FIR is being uploaded on the HARSAMAY portal. (This FIR was registered in the presence of I ASI Yog Dhyan Singh and was typed by Constable Dalbir Kumar as per my directions"). A perusal of the aforesaid FIR clearly depicts that the correct accounts numbers are yet to be divulged in which the amount has been transferred from the portal PMMVY scheme, wherein the amount of Rs.34,20,000/- has been embezzled by online fraud. The details of the accounts numbers were obtained from the Indusind Bank Sector-20 Panchkula, Indian Bank, Bank of Baroda, Central Bank of India and 23.02.2022, the details of 81 beneficiaries provided by India Post payments 3 of 4 ::: Downloaded on - 10-06-2023 01:45:36 ::: Neutral Citation No:= CRM-M-11505-2023 -4- Bank through e-mail, wherein fraud has been committed by the petitioner and the cyber cell branch has tracked the IP address as well as the mobile phone No.9304899415, which is in the name of Sundeshwar Roy, the present petitioner.
Notice of motion.
On the asking of Court, Mr. Gagandeep Singh Chhina, AAG, Haryana accepts notice on behalf of respondent-State, who states that the petitioner is involved in another similar nature case.
The seriousness of offence in the instant FIR can be made out from the fact that the antecedents of the petitioner are also not clean as he is involved in another FIR No.271 dated 13.07.2021, registered against the petitioner under Section 420, 468, 471, 120-B of IPC and Sections 65, 66, 66- C, 66-D of Information and Technology Act, 2000, Police Station Chandimandir clearly showing that the petitioner is an habitual offender and it is a case where custodial interrogation is must inasmuch as the method and modus operandi adopted by the petitioner and details of various beneficiaries as well as the accounts of there is to be ascertained.
In view of the same, the instant case is not fit for considering the application for anticipatory bail of the petitioner. Hence, the same is dismissed.
(SANDEEP MOUDGIL)
21.03.2023 JUDGE
Meenu
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
Neutral Citation No:=
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