RAJEEV KUMAR DUBEY,J. -
(1.) This petition has been filed under Section 482 of the Cr.P.C. for quashing of the criminal proceedings arising out from the Crime no.1/2019 registered at P.S.AJAK, Katni for the offence punishable under Sections 420, 467, 468, 471, 120-B and 201 of the IPC and Section 3(2)(v) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989.
(2.) As per the prosecution case, on 04/03/2019 Manjo Bai, Chandravati, Usha Raidas, Mithla, Rukmani, Soni Bai, Mithla w/o Santosh Raidas all of whom were residents of Village-Kharkhari, District-Katni lodged the written report at Police Station A.J.K. Katni averring that co-accused Gudda @ Ram Kumar Yadav and Daduram Chaudhary approached them and on the assurance that they would get loan sanctioned to them from Bank under Government Scheme took their I.Ds. and papers of their land. Thereafter, they forged the signatures of the complainants on the loan papers and got the loan sanctioned in the name of the complainants. However, said loan amounts were not paid to the complainants. Co-accused Rajkumar Agrawal, Manager of Central Madhya Pradesh Rural Bank, Branch Devri Tola got the cheques of Margin Money worth Rs.10,50,000/- from the government and misappropriated that amount in connivance with co-accused Suresh Rajak, Jeewan Burman, Subham Burman and other co-accused persons. On that, Police registered Crime No. 01/2019 for the offences punishable under Sections 420, 467, 468, 471, 120-B, 201 of IPC and Section 3(2)(5) SC/ST (Prevention of Atrocities) Act against the co-accused persons namely Rajkumar Agrawal, Gudda@Ram Kumar Yadav, Daduram Chaudhary, Nand Kumar Yadav, Jeewan Burman, Bantu@ Suresh Rajak, Subham Burman and Sandeep Yadav and investigated the matter. During investigation, it was also found that the checques of Margin Money were issued from the Jila Antyavasayi Sahkari Vikas Samiti Maryadit, Katni and the Collector Katni constituted an inquiry committee to inquire the complaint regarding financial irregularity and illegality committed by the employees of the Jila Antyavasayi Sahkari Vikas Samiti Maryadit, Katni and in the enquiry committee found that the employees of the Jila Antyavasayi Sahkari Vikas Samiti Maryadit, Katni also committed financial irregularity and illegality in issuing the cheques of margin money. So, police also investigated the role of the applicants in the crime. Being aggrieved the applicants filed this petition to quash the investigation that is being conducted by the police against them.
(3.) Learned counsel of the applicants submitted that the Government of Madhya Pradesh launched Mukhyamantri Swarozgar Yojna for the development of members of Scheduled Castes Community in the State of Madhya Pradesh. Under that Scheme, the Members of the Scheduled Caste Community applied for a loan for the purposes of small businesses in the office of the Jila Antyavasayi Vikas Samiti Maryadit, Katni along with all documents including Adhaar Card, Identity Card, etc. As per the aforesaid Scheme, the Jila Antyavasayi Vikas Samiti Maryadit, Katni verified the cases of loan and sent them for approval before the Approval Scrutiny Committee, which was headed by the District Collector. The Scrutiny Committee approved the cases of the beneficiaries of the Scheme and sent back the cases to the office of the Jila Antyavasayi Vikas Samiti Maryadit, Katni. After receiving the aforesaid approved cases, the Jila Antyavasayi Vikas Samiti Maryadit, Katni sent all the approved cases to the concerned Bank. The concerned Bank Official after verifying all the facts related to the genuineness of every case, sanctioned the loan amount and thereafter, again sent the cases to the Jila Antyavasayi Vikas Samiti Maryadit, Katni for sanctioning the margin money, which is 30% of the loan. As per procedure, the Jila Antyavasayi Vikas Samiti Maryadit, Katni prepared an account payee cheque in the name of the Bank Manager of the concerned Bank and sent the aforesaid cheque to the Bank. There was no role of the applicants in depositing the margin money in the bank account of the beneficiaries. Police only on the basis that cheques of the Margin Money were issued from the Jila Antyavasayi Sahkari Vikas Samiti Maryadit, Katni implicated applicants in the crime. While there is no evidence on record to show that the applicants misappropriated the amount of the margin money. The cheques were issued in the name of the Bank Manager, not in the name of the beneficiaries. It was the Bank Manager, who deposited the amount of the margin money in the account of other co-accused persons.;