Madhya Pradesh High Court
Roshan Yadav vs Ramkishun @ Kissu on 14 February, 2018
THE HIGH COURT OF MADHYA PRADESH
MCRC-6509-2018
(ROSHAN YADAV Vs RAMKISHUN @ KISSU)
1
Jabalpur, Dated : 14-02-2018
Mr.B.J.Chourasiya, learned counsel for the petitioner.
Respondent is yet to be noticed.
The respondent has filed a criminal complaint under section 156(3) of the Code of Criminal Procedure before the Judicial sh Magistrate First Class, Nowgong alleging that Sarpanch-Balram e Ahirwar and Secretary-Ramraja Yadav (petitioner) have ad misappropriated the food articles which were under the Public Pr Distribution System (PDS) and sold to the petitioners, namely, Roshan Yadav, Udai Bhan Yadav, Thakur Das Kushwaha, Prabhu Ahirwar, a hy Raj Bahadur Yadav and Devendra Yadav. The complainant also alleged that the accused No.3 to 7, namely, Sudhir Jain, Mazhar Ali, ad Bihari Lal, Sujit Verma and Rajendra Namdeo are the officers of the M Janpad Panchayat, Nowgong and Janpad Panchayat has not taken any action against the accused persons, despite several complaints made in of this regard.
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2. Allegedly, the petitioners, namely, Roshan Yadav, Uday ou Bhan Yadav, Thakurdas Kushwaha, Prabhu Ahirwar, Rajbahadur Yadav and Devendar Yadav are the purchasers of the food articles. C The petitioners claim that they are not responsible for the shifting or h selling of rice. According to them the report of Tahsildar, Nowgong ig dated 26.3.2007 addressed to the SDO, Nowgong; letter dated H 20.4.2007 of the SDO, Nowgong addressed to the Collector; letter dated 14.5.2007 issued by the Collector to the CEO, Janpad Panchayat, Nowgong; letter dated 24.5.2007 addressed to the Collector, Chhattarpur by CEO, Janpad Panchayat, Nowgong; letter dated 01.6.2007 of Deputy Director, Panchayat addressed to the CEO, Janpad Panchayat; and letter dated 24.6.2007 addressed to the Police Station, Harpalpur and letter written by CEO, Janpad Panchayat, Nowgong showing that 30 quintals 57 kilo and 300 grams of rice was misappropriated by the Sarpanch-Balram of Gram Panchayat, Kakunpura. In these letters finding has been given by the Inquiry Officer that under Public Distribution System rice has embezzled by accused-Sarpanch Balram. The names of petitioners have not been reflected as persons responsible for commission of crime. The petitioner were not involved in the said crime. In letter dated 28.6.2008 again the same has been reiterated by the CEO, Janpad Panchayat addressing to the Police Station, Harpalpur. The petitioners- Roshan Yadav, Udai Bhan Yadav, Thakur Das Kushwaha, Prabhu Ahirwar, Raj Bahadur Yadav and Devendra Yadav have filed this petition under section 482 Cr.P.C.
sh Let notice be issued to the respondent on payment of process fee e within six working days by registered post as well as ordinary mode.
ad Notices be made returnable within four weeks.
Pr Meanwhile the proceeding of unregistered Complaint Case No. [Ramkishun Yadav Vs. Balram and others] pending before JMFC, a Nowgong so far as the petitioners-Roshan Yadav, Uday Bhan Yadav, hy Thakur Das Kushwaha, Prabhu Ahirwar, Raj Bahadur Yadav and ad Devendra Yadav are concerned is stayed till next date of hearing.
M List after four weeks alongwith M.Cr.C.No.6034/2018.
of (SUSHIL KUMAR PALO) JUDGE rt ou Digitally signed by RAJESH T MAMTANI Date: 2018.02.21 04:25:48 C
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