AMAR NATH Vs. STATE OF HP & OTHERS

JUDGEMENT

(1.) By way of this petition, the petitioner has challenged the order passed by the Court of learned Judicial Magistrate 1st Class, Court No.II, Ghumarwin, Distt. Bilaspur in C.R. No. 6/1 of 2011 dated 6.7.2015 vide which order, learned Court below while rejecting the objections of the present petitioner has accepted the cancellation report qua FIR No. 95 of 2010 lodged at Police Station Talai, Tehsil Ghumarwin, Distt. Bilaspur.

(2.) Facts as can be deciphered from the order passed by the Court of learned JMIC Court No.II, Ghumarwin, Distt. Bilaspur are that on 21.9.2010 a complaint was filed in the Court of learned JMIC, Court No.1, Ghumarwin by Amar Nath (i.e. the present petitioner) and one Mehar Chand alleging offences punishable under Sections 120-B, 420, 409, 466 read with Section 34 IPC against Deena Nath, President, Om Prakash, VicePresident, Hukam Chand, Ward Member of Ward No.1, Rattan Lal Secretary, and Vijay Kumar, Junior Engineer-cum-Technical Assistant of Gram Panchayat, Naghiar on the ground that the complainants were permanent residents of Gram Panchayat, Naghiar and they are beneficiaries of different development schemes executed by said Panchayat by spending public funds.

(3.) As per the complainants, a resolution was passed by Gram Panchayat, Naghiar to construct a "BOWRI" in Ward No.1 for which an amount of Rs. 68,000/- was sanctioned by BDO, Jhandutta on 8.12.2008. The said amount was embezzled and misappropriated by the accused by preparing false details of expenditure having incurred on the construction of Bowri, whereas no such Bowri was constructed.