Bombay High Court
Sachin S/O Shankar Khandwe vs State Of Mah., Thr. Pso Borgaon ... on 11 July, 2023
Bench: Vinay Joshi, Valmiki Sa Menezes
J APL-860-2019.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO.860 OF 2019
APPLICANT : Sachin s/o Shankar Khandwe,
(Accused) Aged about 30 Years, Occu.-Gram
sevak, R/o Dewangan Society Dist.
Yeotmal
..VERSUS..
NON-APPLICANT : 1 State of Maharashtra, Through Police
Station Officer Borgaon Yavatmal
Gramin Distt. Yavatmal.
2 Yogeshwar S/o Kisanrao Udakhe,
Aged about 56 Years, Occu.-service
Assistant Block Development Officer
R/o Sinchan Nagar, Vagdaon Tah. &
Dist. Yavatmal.
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Mr A. V. Wankhede, Advocate for Applicant.
Mr N. R. Rode, APP for Non-Applicant No.1/State.
Mr V. M. Kulsange, Advocate for Non-Applicant No.2.
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CORAM : VINAY JOSHI AND VALMIKI SA MENEZES, JJ.
DATE : 11th JULY, 2023.
ORAL JUDGMENT : (PER : VINAY JOSHI, J.)
. Heard.
2. By consent of the learned Counsel appearing for
the parties, this Criminal Application is taken up for final
hearing.
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Admit.
3. This is an application seeking to quash the First
Information Report (FIR) and charge-sheet arising out of crime
No.324 of 2017 registered with Police Station Borgaon
Yavatmal Gramin, District Yavatmal, for the offence punishable
under Sections 420, 408 and 409 read with Section 34 of the
Indian Penal Code, 1860.
4. At the instance of enquiry conducted by the Block
Development Officer, report has been lodged alleging
malpractices in implementing Mahatma Gandhi Rashtriya
Gramin Rojgar Hami Yojna. It is alleged that the funds were
utilized for digging Well at another place, and thus,
Government money has been misused and defrauded.
5. The applicant (accused No.4) was working as a Gram
Sevak at Gram Panchayat Borgaon, District Yavatmal, from
20.11.2008 to 19.03.2012. The irrigation Well was sanctioned
for Gat No.106 of village Borgaon. Since the funds were not
properly utilized, enquiry was ordered and was conducted. The
Enquiry Officer has recorded a finding that beneficiary
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alongwith Gram Panchayat Secretary Jaishree Bhujade and
others were responsible for mismanagement. It is applicant's
specific stand that on 29.03.2012, by virtue of transfer, he had
handed over the charge to his successor Jaishree Bhujade as a
Gram Sevak of Borgaon village.
6. We have gone through the statements of both the
Enquiry Officers, which do not specify the active role of the
applicant. The prosecution has not pointed out any material,
from which the active participation of applicant would be
ascertained. No prima facie material exist to make out case
against applicant. Though enquiry report points towards
Jaishree Bhujade, however, she has not been made accused. In
absence of specific allegation, chances of conviction are remote
and bleak.
7. In view of the above, continuation of the prosecution
would be abuse of the process of the Court. Hence, we pass the
following order :
ORDER
i) Criminal application is allowed.
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J APL-860-2019.odt
ii) The FIR in Crime No.324 of 2017 registered
with Police Station Borgaon Yavatmal Gramin,
District Yavatmal, for the offence punishable under
Sections 420, 408 and 409 read with Section 34 of
the Indian Penal Code, 1860, is hereby quashed and
set aside alongwith related charge-sheet.
8. The criminal application is disposed of accordingly.
(VALMIKI SA MENEZES, J.) (VINAY JOSHI, J.)
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