G.S.CHAHAL,J - (1.) THIS order will dispose of two connected petition Criminal Misc. No. 2863-M of 1993 and Criminal Misc. No. 2447-M of 1993 vide which Krishan Kumar petitioner in Crl. Misc No. 2863-M of 1993 and Mir Singh petitioner in Crl Misc No. 2447-M of 1993 seek quashing of FIR 420 dated November 28, 1992 registered at P. S. Dadri Sadar for offence under Section 409 IPC.
(2.) THE FIR was registered on the basis of a complaint sent by the Block Development and Panchayat Officer, Charkhi Dadri under the orders of Deputy Commissioner and so far as Relevant, if reads as under :- "Stated that Mir Singh Ex. Sarpanch, Gram Panchayat Mankawas had embezzled Rs. 16,720/- in making the path from village to Pahar and for construction of the pucca street from the house of Harpal to the house of Bhaga son of Udey. Concerning this enquiry was made by the Sub Divisional Officer (Civil) Charkhi Dadri. In the enquiry Sh. Mir. Singh, Sarpanch, Kumar. Jr. Engineer and Om Parkash, Gram Sachiv were found guilty. The Deputy Commissioner has written to the above persons to deposit Rs. 16,770/- accordingly Mir Singh. Sarpanch, Mankawas was asked to deposit Rs. 14,407/- Krishan Kumar Jr. Engineer Rs. 1, 157/- and Om Parkash, Gram Sachiv Rs. 1,157/- and his cases was filed but Mir Singh Ex. Sarpanch and Krishan Kumar, Jr. Engineer has not yet deposited this amount. Now Deputy Commissioner, Bhiwani, vide letter No. 14218 Panchayat dated 30-7-1992 has ordered to lodge an FIR under Section 409 IPC against Sh Mir Singh, Ex. Sarpanch and Krishan Kumar, Jr. Engineer." The work regarding which the petitioners are alleged to have committed embezzlement was the construction of a path from the village to Pahar and for construction of Pucca street from the house of Harpal to the House of Bhaga son of Udey. The S.D.O. (Civil) who carried out the inquiry with respect to this work recorded the following findings :- 3A. This work has been shown by the Gram Panchayat Manakawas to be completed after showing 10 labourers from 1-5-1982 to 29-5-1982. In the Muster Rolls Rs. 3,470/- has been paid to the 10 persons. The Muster Rolls were signed by the Gram Sachiv, Sh. Om Parkash and Sh. Mir Singh, Sarpanch. Sh. Krishan Kumar, Jr Engineer has certified this that this work was demacted by him and entry in the Measurement Book at serial No. 4363 N REP work at Page No. 33 has been entered and charges amounting to Rs 3470/- paid to the labourers has been certified by him. The Block Development and Panchayat Officer, Dadri II sanctioned Rs. 3470/- in the Measurement Book, that Sh. Mir Singh was asked to show path on the spot. He went kms away from the village to Pahar side. This path leads to Dohki to Mankawas and he stated that this was got pucca by stone pitching but neither this path was properly made nor any stone were there. Some stones were there but these are not of the Gram Panchayat. The inhabitants of the village stated that these stones are of the contractor for running the path smoothly this path was formed by Sh. Shiv Shankar Lal Dalmia and he stated that he was the contractor for quarrying the stones in the Pahar and he got the repair of the path for the smooth running of the trucks. The Gram Panchayat has not done any work in this regard. This place is far away from the village and there is no reasoning to construct pucca path. This path is in the west side of the village, therefore, this allegation has been proved, therefore, material of Rs. 5,250/- was never used and wages to the labourers of Rs. 3,470/- has also been wrongly entered in the records."
(3.) THE period for which the work is stated to have been completed was May 1982. Krishan Kumar petitioner had been appointed as a Junior Engineer vide letter Annexure P 1, dated August 18, 1982 and he was removed from service on January 21, 1982. Mir Singh is the Ex. Sarpanch as he laid his office in the year 1982. It was more than seven years after Krishan Kumar was relieved of the services and 10 years after Mir Singh laid his office as Sarpanch that a criminal case has been registered.;