Madhya Pradesh High Court
Shyam Sunder Chourasiya vs The State Of Madhya Pradesh on 28 March, 2019
Equivalent citations: AIRONLINE 2019 MP 234
1
M.Cr.C No.34794/2018
HIGH COURT OF MADHYA PRADESH, PRINCIPAL SEAT
AT JABALPUR
(SINGLE BENCH : HON'BLE SHRI JUSTICE J.P.GUPTA)
M.Cr.C No.34794 /2018
Shyam Sunder Chourasiya & others
Vs.
State of Madhya Pradesh & others
Shri Sanjay Patel, learned counsel for the applicants.
Shri Manoj Kushwaha, learned Panel Lawyer for the respondent
no.1/State.
None present for the respondent no.2.
Shri Jitendra Kumar Dixit, learned counsel for the respondent no.3
Shri Laxmi Chandra Chourasiya, learned counsel for the respon-
dent no.4.
Whether approved for reporting : (Yes/No).
O R D E R
( 28.03.2019) This petition under section 482 of the Cr.P.C has been filed for quashment of the criminal proceeding of Criminal Case No. 24/2018 pending before the JMFC, Niwadi, District Tikamgarh arising out of Crime No. 175/2016 under section 420 of the IPC.
2. The facts giving rise to this petition are that the applicant no.1 and 2 were working as Sarpanch and Secre- tary of Gram Baraipura, Janpad Panchayat Niwadi and they sanctioned Rs.1.74 lacs for digging well under the Kapil Dhara Scheme of the government on the application filed by 2 M.Cr.C No.34794/2018 respondent no.3 Ram Kumar on the land of Survey No.412 situated in village Baraipura in the year 2008. About which in the year 2010 the said Ram Kumar made complaint to the Collector Tikamgarh that he never submitted application for digging well on his land and on the forged application of his name, the accused persons had got the amount sanctioned and utilized it by digging well on the land of Survey No. 412, which belong to his uncle and the family members of the ac- cused persons and in this way the applicants fraudulently misused the office by way of cheating benefited to their fam- ily members and themselves. In this regard earlier revenue officers have made inquiry several times and found that Sur- vey No. 412 on which the well was digged belong to the joint ownership of complainant Ram Kumar and his uncle Lachu. Ram Kumar filed complaint before the Special Judge (Preven- tion of Atrocities) Act, District Tikamgarh, which was sent for investigation to the police station Teharka and report dated 02/11/2012 of the police station shows that no offence has been committed and construction of the well has been found in accordance with the rules on the land of joint ownership of complainant and other family member of him and the com- plaint was dismissed with the observation that no offence un- der Prevention of Atrocities Act is made out and no sanction has been taken and if any offence under Indian Penal Code is 3 M.Cr.C No.34794/2018 made out the complainant is free to take action in accordance with law. Thereafter again complaint was made to the Collec- tor and in compliance of letter dated 23/12/2016 written by Chief Executive Officer, Janpad Panchayat Niwadi police reg- istered the aforesaid offence and police further investigated the matter and during the investigation no record with regard to application of Ram Kumar has been recovered as not avail- able in the concerned office and thereafter charge sheet has been filed under section 420 of the IPC stating that the appli- cant/accused persons have fraudulently withdrawn the money and utilized to provide benefit to themselves or to their rela- tive.
3. Learned counsel appearing on behalf of the appli- cant has contended that in the present case prima facie there is no evidence to prosecute the applicants for commission of offence under section 420 or any other offence as they have not cheated anybody. The evidence on the charge sheet estab- lish that the money was utilized for digging of the well and report of the revenue officer shows that the Survey No.412 on which the well was digged situated on the land of joint own- ership of the complainant Ram Kumar and his family mem- bers. There is no evidence that the beneficiary of the well are not the aforesaid person or beneficiary are the person, who are close relative or family member of the applicants. There- 4 M.Cr.C No.34794/2018 fore the complaint and all proceeding are intended to take re- venge or settle their personal grudge against the applicant. If the criminal proceeding is continued it would amount to abuse of the process of the court and it would cause injustice to them. Hence the proceeding be quashed.
4. Learned counsel appearing on behalf of the re- spondents opposed the aforesaid contention and stated that the inquiry made by the revenue officers or officer belonging to Janpad Panchayat establish that the applicants have mis- used their office and withdrawn the money in the name of Ram Kumar and utilized for providing benefit to other per- sons or themselves, hence the petition be dismissed.
5. Having gone through the contention of learned counsel for the parties and on perusal of the record, in view of this Court prima facie there is no sufficient material to prosecute the applicants for commission of offence under sec- tion 420 of the IPC as the evidencial material available in the charge sheet reflect that the well in question was digged on the land of Survey No. 412 and the complainant Ram Kumar is also joint owner of the land and beneficiary of the well. Merely saying that there is family partition and he is not oc- cupying the land is not sufficient to presume that the well was constructed with dishonest and fraudulent intention in the land, which does not belong to the complainant. The com- 5 M.Cr.C No.34794/2018 plainant has legal right to claim on the well being the joint owner of the land and there is no material to prima facie es- tablish that the applicants or their family members are bene- ficiary of the well. There may be illegality or irregularity with regard to sanctioning of the amount for digging of the well in the name of Ram Kumar but there is no material to gather criminal mens rea in the act. Apart from it, earlier report of the police dated 02/11/2012 based on the statement of com- plainant and other beneficiary made it clear that the com- plaint has no substance. In the circumstance, in this stale matter continue fruitless proceeding is nothing except to ha- rass the applicants with a view to take revenge and if such proceeding is kept continue, it would amount to misuse of the process of the court and cause grave injustice to the appli- cants. Hence this petition deserves to be allowed. Accord- ingly, this petition is allowed and proceeding of the criminal case no.24/2018 pending before the JMFC, Niwadi, District Tikamgarh is set aside.
A copy of this order be sent to the concerned trial court for information and necessary action.
Certified copy as per rules.
(J.P.Gupta)
TARUN Digitally signed by TARUN
KUMAR SALUNKE
JUDGE
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Date: 2019.03.29 14:00:41 +05'30'