This Criminal Miscellaneous Writ Petition sought quashing of an F.I.R. alleging illegal payments under MANREGA. The High Court rejected the plea, noting a lack of specific averment regarding the petitioner's role in payment release, and dismissed the petition.
Petition dismissed; right to apply for bail or anticipatory bail preserved.
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Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 13357 of 2020
Petitioner :- Krishna Sahariya Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nanhe Lal Tripathi,Satish Kumar Mishra
Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Vivek Agarwal,J.
Heard learned counsel for the petitioner; the learned A.G.A. for the respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 18.09.2020 registered as Case Crime No. 100 of 2020 at P.S. Jakhlaun, District- Lalitpur, under Sections 467, 468, 471, 409, 420 I.P.C.
The allegation in the impugned first information report is in respect of payment to a person against two job cards under MANREGA Scheme suggesting that payment was illegally made with a view to embezzle public money.
The first information report has been lodged against Gram Pradhan of the Gram Panchayats concerned including the petitioner by citing persons who had obtained two job cards for siphoning out funds.
Although there is assertion that the petitioner has no role in providing job card but there is no specific averment in the writ petition that the petitioner as Gram Pradhan of the Gram Panchayat concerned had no role in the entire process relating to release of payment on the basis of job cards.
Under the circumstances, the prayer of the petitioner to quash the first information report cannot be accepted.
The petition is dismissed without prejudice to the right of the petitioner to apply for bail or anticipatory bail, as may be advised.
Order Date :- 16.12.2020 S.K.S.
2 issues framed by the court
Whether the prayer to quash the F.I.R. based on lack of specific averment regarding the petitioner's role in payment release should be accepted.
Whether the allegations of embezzlement in the MANREGA scheme funding sufficiently establish criminal liability to reject the quashing plea.
Krishna Sahariya
State Of U.P.
Pankaj Naqvi
Vivek Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
