Mahesh Kumar Shukla vs The State Of Madhya Pradesh
2023 Latest Caselaw 1005 MP

                                  1
 IN     THE      HIGH COURT OF MADHYA PRADESH
                      AT JABALPUR
                            BEFORE
              HON'BLE SHRI JUSTICE ANAND PATHAK
                     ON THE 17 th OF JANUARY, 2023
               MISC. CRIMINAL CASE No. 62168 of 2022

BETWEEN:-
MAHESH KUMAR SHUKLA S/O JAGAT NARAYAN
SHUKLA, AGED ABOUT 36 YEARS, R/O VIKAS NAGAR,
KALA PATHA DISTRICT BETUL (MADHYA PRADESH)

                                                                .....APPLICANT
(BY SHRI SANKALP KOCHAR - ADVOCATE)

AND
THE STATE OF MADHYA PRADESH THROUGH P.S.
SHAHPUR DISTRICT BETUL (MADHYA PRADESH)

                                                             .....RESPONDENT
(BY SHRI NARENDRA CHAURASIYA - GOVERNMENT ADVOCATE)

      This application coming on for admission this day, the court passed the
following:
                                   ORDER

This is the first application under Section 438 of Cr.P.C filed by the

applicant, who at the relevant point of time was working as a Block Co- ordinator at Janpad Panchayat, Shahpur, is apprehending his arrest in connection with Crime No.785/2022 registered at Police Station Shahpur, District Betul, for the offences punishable under Sections 420, 409 read with Section 34 of IPC.

It is the submission of learned counsel for the applicant that applicant, has been falsely implicated and it was the complainant who was the real culprit. He referred different documents filed with the application to demonstrate that

his role was confined to limited purpose and he performed his duties as per the assigned duty. He also referred different correspondences made by the applicant to the Chief Executive Officer, Zila Panchayat, Betul, to demonstrate that he referred the anomalies, if any, crept into the system and tried to resolve it. He was also given due appreciation certificate by the Chief Executive Officer, Zila Panchayat, Betul, about his working. No role is attributable over applicant so far as allegations of inclusion of ineligible beneficiaries for Pradhan Mantri Awaas Yojana is concerned. He relied upon the judgments passed by the Apex Court in the case of N. Raghavender v. State of Andhra Pradesh, CBI, 2021 SCC Online SC 1232 to submit that if a public servant or a banker, etc. was

entrusted with the property which he is duty bound to account for and that such a person has committed criminal breach of trust, Section 409 IPC may not be attracted.

Learned counsel for the respondent-State opposed the prayer and submits that the applicant along with other co-accused have embezzled more than rupees seventy lacs of public money. As per the allegations, accused persons did not give money to the eligible beneficiaries but created false set of beneficiaries and the money was transferred into their accounts. A joint enquiry was conducted in November 2022 in which the role of applicant was found in specific terms wherein those persons who never built any house under the Pradhan Mantri Awaas Yojana were granted the benefit and those sought money for construction of houses were not benefited. Certain other allegations were also levelled in respect of siphoning of funds under MNREGA Scheme. He prayed for dismissal of application.

Heard the counsels for parties at length and perused the case diary. This is a case where applicant is accused of offence under Sections 420,

409 read with Section 34 IPC. He along with the then Sarpanch, Gram Rojgar Sahayak and computer operator taken the money in the name of those beneficiaries who had already expired long before. The names of certain beneficiaries are not known even to the native people. The present applicant along with other co-accused created false presentation of beneficiaries and created the documents in such a manner that the beneficiaries received the money in bank accounts to the benefits of accused. If any warning note appears by way of red-mark over the system then it is the duty of applicant to check that anomaly but here it appears that applicant misused his position as Block Co- ordinator. The enquiry report indicates the nature and severity of allegations against the applicant.

The case committed by the applicant is a white collar crime and it is an attempt to subterfuge the very concept of Pradhan Mantri Awaas Yojana, a welfare scheme meant for homeless people living below the poverty line in rural/urban areas.

Looking to the wider ramification of the offence and the manner of dealing, custodian interrogation is required and no leniency can be shown against such person.

The application sans merit is hereby dismissed.

Respondent-State to proceed against the applicant as per law.

(ANAND PATHAK) JUDGE ps

Digitally signed by PRASHANT SHRIVASTAVA Date: 2023.01.19 19:08:09 +05'30'