KAPIL NARAYAN SHARMA Vs. STATE OF MADHYA PRADESH
LAWS(MPH)-2021-3-88
HIGH COURT OF MADHYA PRADESH
Decided on March 23,2021

Kapil Narayan Sharma Appellant
VERSUS
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

G.S.AHLUWALIA,J. - (1.) This miscellaneous petition under Article 227 of the Constitution of India has been filed seeking the following reliefs:- ''(1) That, in the light of above mentioned peculiar facts which his reflected from Annexure P/1 by which inordinate delay has caused by the station officer police station Aron, in submitting the enquiry report therefore the respondent S.P. Guna as well as station officer directed to conclude the enquiry as required u/s 156(3) and also to submit the detail report before the trial court. (2) That, the trial court may also be directed to proceed further if the enquiry report is not being submitted by the police within 15 days. (3) That, Cost of this litigation may also be awarded. (4) Any other relief which this Hon'ble Court deem fit in the facts and circumstances of the case may kindly be granted to the appellant.''
(2.) The necessary facts for disposal of the present petition in short are that the petitioner has filed a criminal complaint under Section 200 of CrPC against the private respondents for offence under Sections 420, 467, 468, 471, 201, 120-B, 149 of IPC on the ground that the petitioner had made a complaint on 19/05/2015 to Collector, Guna against respondent No.8, who was the then Sarpanch, respondent No.4 who is the Secretary and respondent No.5 who is the Rojgar Sahayak. An enquiry was conducted by Shri Man Singh Suryavanshi, Block Janpad Panchayat Officer, Janpad Panchayat Aron, District Guna and the complaints mentioned at Serial No1 and Serial No.10 were found to be correct and the remaining complaints were found to be incorrect and accordingly, enquiry report was submitted on 22/04/2017. By order dated 25/11/2017, CEO, Janpad Panchayat Aron, District Guna made a recommendation to Collector, Guna to take action against the guilty persons. Accordingly, the services of respondent No.5 Sukhdev Bhargava were terminated and the respondent No.4 was placed under suspension and show cause notice was issued to respondent No.8. It is submitted that the suspension order of respondent No. 4 has been revoked and the respondent no.5 has also been reinstated on the same post. It was the allegation that respondent no.4 by misusing his Office, had provided Kutir under Indira Awas Yojana to respondent No.6 who is his elder brother and was not entitled for the same. Similarly, an amount of Rs.15,000/- was sanctioned for one Santosh Bai, whereas respondent No.6 was already having a pucca house in Ganeshwar Mohalla, Ward No.04, Nagar Panchayat Aron. The State Government had floated BRGF Scheme in the year 2010-11, which is meant for Scheduled Tribe only, however, respondent no.4 manipulated the record and projected that respondent No.6 belongs to Scheduled Tribe and an amount of Rs.45,000/- was again allotted for construction of house. It was further alleged that respondent No.4 has deliberately included his family member in the list of BPL, so that they can get advantage of the same. Similarly, respondent no.4 had allotted Rs.35,000/- in favour of respondent No.7, although he was unmarried and was residing in a joint family. As respondent no.7 was not eligible for the purpose of Kutir, therefore, he did not construct the Kutir. It was further submitted that in the year 2010, an amount of Rs.2,95,000/- was sanctioned under Kapil Dhara Scheme. Respondents No.4, 5, 9 and 11 have fraudulently embezzled the amount by showing some pits as the work done under the Kapil Dhara Scheme and when complaint was made, then a Resolution dated 24/06/2015 was passed in order to show that the said pit was unsuccessful. Similarly, respondent no.4 had fraudulently added the name of respondent no.6 in the Job Card Nos.138 & 138-A and payments were made contrary to the rules, whereas under the MGNREGA Scheme, only one Job Card can be issued in favour of one person. Similarly, respondents no.4 and 5 had prepared forged muster roll, job cards, bill vouchers and withdrew the amount by including the names of persons who are either dead or minor or teacher or Government employees and who were not eligible. Similarly, an amount of Rs.1,10,355/- was shown towards rent for hiring tractor although there was no tractor at all. Total eight cattle sheds were sanctioned to be constructed, but the ineligible persons were granted benefit.
(3.) The Trial Magistrate by order dated 25/02/2019 directed the Superintendent of Police, Guna to send an enquiry report. Thereafter, the petitioner filed an application under Section 156(3) of CrPC and by order dated 25/09/2019 a copy of the same was sent to Police Station Aron, District Guna and the case was fixed for consideration of the application under Section 156(3) of CrPC, however, the said application is still pending and has not been considered by Trial Magistrate.;


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