Dismissed
Rajender Kumar Meghwal v. State of Haryana and Ors.
Punjab & Haryana HCCRM-M/26302/2009
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In the High Court of Punjab and Haryana at Chandigarh
Crl.M.No. M-26302/2009(O&M) Date of decision: 7.10.2010.
Rajender Kumar
....................Petitioners.
v.
State of Haryana and others
.....................Respondents.
Coram: Hon'ble Mr.Justice Jaswant Singh.
Present:None for the petitioner.
Mr.Mahabir Sindhu, Addl.AG Haryana
Jaswant Singh,J.(Oral).
Prayer in this petition under Section 482 Cr.P.C., is for directing respondent no.3-Superintendent of Police, Bhiwani to get the investigation, in FIR No.275 dated 27.10.2008 under Sections 409, 420,467,468,471,120-B, 34 IPC, PS Tosham, conducted from some independent agency.
It is alleged in the petition that respondent no.5 being the Sarpanch of Village Gram Panchayat in collusion with respondents 6 to 8 who are Member Panchayat and Lambardars of the Village used to receive old age pension on behalf of deceased Ram Dita and Hardayal, who have expired on 8.7.2007 and 14.1.2008 respectively. It is alleged that the old age pension was received by respondent no.5 from the date of death of Ram Dita and Hardayal till March 2008 and thus committed forgery. Since the authorities, on the complaint made by the petitioner
in this regard, took no action so he filed a complaint before the Court of JMIC, Bhiwani, who vide order dated 20.10.2008 sent the same to SHO PS Tosham under Section 156(3) Cr.PC for registration and investigation of the case. Accordingly the FIR, referred to above came to be lodged. It is alleged that despite registration of the FIR, the police is not properly investigating the matter. Hence the present petition.
Notice of motion was issued.
At the time of hearing, no one put in appearance on behalf of the petitioner.
In the reply filed by Dilbag Singh, DSP Siwani, it has been stated that the alleged money regarding old age pension in respect of Ramditta and Hardayal has been deposited by respondent no.5 prior to registration of the present FIR when she came to know that the old age pension has been disbursed inadvertently. It is further stated that no evidence of wrongful loss to Government of Haryana or wrongful gain to anybody was found. Accordingly a cancellation report has been prepared.
In view of the reply filed by the State, in my opinion, no further action is required.
Dismissed.
7.10.2010 (Jaswant Singh) joshi Judge
1 issue framed by the court
Whether the High Court should intervene to direct re-investigation into alleged misappropriation of old age pension filed as an FIR.
2 provisions across 1 enactments
Rajender Kumar
State of Haryana
Jaswant Singh
As recorded by the court registry
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