UTTAM Vs. OMPRAKASH AND ORS.

JUDGEMENT

(1.) Heard. Admit. Heard finally by consent.

(2.) By this application, the applicant has challenged the order refusing his discharge under Section 245(1) of Code of Criminal procedure from Criminal Case No. 36 of 1988.

(3.) Respondent no. 1 filed a criminal complaint against the applicant alleging that being a public servant, during his tenure as Sub Divisional officer, Malkapur, from the year 1985 to 1988, the applicant gave false information to the Government by issuing false documents in respect of one Kisan Sampat Gavhane relating the the Family Planning operation being conducted during that period of time and claimed for himself reward of Rs.20/- from the Government. Under this scheme, Government had announced financial rewards not only to the adult males who would undergo vasectomy surgeries but also to the officers who would encourage such adult males to undergo vasectomy operations. It has been alleged by respondent no. 1 that on 22.2.1987 the applicant submitted a Form containing false information that Kisan Sampat Gavhane, resident of Ward No. 15, Malkapur, had undergone vasectomy operation and that he was encouraged to undergo the operation by him and thus claimed a reward of Rs.20/- for himself. It has, therefore, been prayed in this complaint that action against the present applicant for commission of offences punishable under Sections 420, 465, 177 and 181 of Indian Penal Code be taken.