The State Of Madhya Pradesh vs Ramgopal Pandey
2022 Latest Caselaw 1477 MP

                                     1
     IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                BEFORE
                    HON'BLE SHRI JUSTICE SUJOY PAUL
                                   &
               HON'BLE SHRI JUSTICE ARUN KUMAR SHARMA
                         ON THE 2nd OF FEBRUARY, 2022

               MISC. CRIMINAL CASE No. 24633 of 2020

         Between:-
         THE STATE OF MADHYA PRADESH THR. P.S.
         JAISINGH NAGAR SHAHDOL (MADHYA
         PRADESH)

                                                                    .....APPLICANT
         (BY Shri S.K. Kashyap, Govt. Advocate for the petitioner/State)

         AND

1.       RAMGOPAL PANDEY S/O SHRI SHYAMLAL
         PANDEY , AGED ABOUT 58 YEARS, VILLAGE
         JORA P.S. BEOHARI DISTT. SHAHDOL
         (MADHYA PRADESH)

2.       SMT.KAUSHALYA SINGH W/O SHRI YADAV
         SINGH , AGED ABOUT 60 YEARS, VILLAGE
         BANSUKULI PS JAISINGH NAGAR (MADHYA
         PRADESH)

                                                                .....RESPONDENTS


                      (Heard through Video Conferencing)
       This leave to appeal is coming on for admission this day, JUSTICE
ARUN KUMAR SHARMA passed the following:
                                      ORDER

Heard on the question of admission.

The State has preferred this application under section 378(3) of the Cr.P.C for grant of leave to appeal against the judgment dated 26.12.2019 passed by Additional Sessions Judge Jaisinghnagar, District Shahdol in S.T. No.22/2010, whereby the respondents/accused have been acquitted from the charges of offence under sections 420, 467, 468 and 471 of IPC.

Facts of the case in short are that in the year 2003-2007 the respondent No.1 held the post of Secretary and respondent No.2 was the Sarpanch at village Bansukuli District Shahdol. It is alleged against the respondents that they prepared forged BPL and AAY Cards of ineligible persons of the

villagers and by misusing the Cards, they got food items from the Aadit Jati Sewa Sahkari Samiti (Lamps), Bansukuli and misappropriated the government money. Initially, no FIR has been lodged against the respondents for committing such offence, therefore, the complainant Madhvendra Dwivedi has made a written complaint under section 156(3) of the Cr.P.C. against the

respondents before the Magistrate Jaisinghnagar and after due investigation, an FIR was lodged against the respondents by Police Station Jaisinghnagar for offences under sections 409, 420, 467, 468 and 471 of the IPC.

The statement of accused persons were recorded by the trial Court and after considering the evidence adduced before the trial Court, the respondents/accused were acquitted from the aforesaid charges vide impugned judgment dated 26.12.2019.

Learned Government Advocate for the State/applicant submits that the trial Court has not appreciated the evidence properly. The respondents have committed cheating by making forged BPL and AAY cards and misappropriated the government fund. The trial Court has committed an error in acquitting the respondents. Hence, it is prayed that leave may be granted.

Having heard learned counsel for the applicant and perused the record. Although, it is alleged that the respondents prepared forged BPL and AAY Cards of ineligible persons of the villagers and by misusing the Cards, they got food items from the Aadit Jati Sewa Sahkari Samiti and misappropriated the government money but the investigation officer Sunderlal Tiwari (PW-20) has not filed any documents in this regard. If the respondents have provided the ration card to the ineligible persons for distributing the food grains and committed misappropriation of the government fund, the complainant Madhvendra Dwivedi (PW-4) and Satyanarayan (PW-10), who are clerks of the Sahkari Samiti have accepted that no food grains can be distributed on the basis of such list. The food grains can only be provided from the ration card issued by the competent authority. So far as the forged ration card is concerned, no dates of issuance is mentioned in those

documents and no evidence is produced in this regard. Thus, the prosecution has failed to prove its case beyond reasonable doubt against the respondents/accused. Looking to the findings recorded by the trial Court and after perusal of record, we are of the considered view that the trial Court has not committed any illegality or perversity in acquitting the respondents/accused from the aforesaid offences. Hence, no interference is warranted in the impugned judgment. Accordingly, being devoid of any merits, present petition deserves to be and is hereby dismissed.

Copy of this order be sent to the trial Court along with its record for information.

                                        (SUJOY PAUL)                                  (ARUN KUMAR SHARMA)
                                           JUDGE                                              JUDGE
                                   pn




Signature Not Verified
  SAN




Digitally signed by PANKAJ NAGLE
Date: 2022.02.04 10:45:33 IST