1) By this application under section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “the Code”), the applicant seeks quashing of the first information report registered vide Zalod Police Station I-C.R. No.115 of 2008 for the offences punishable under sections 406, 429, 420, 120B of the Indian Penal Code and sections 7, 12, 13(1)(d) of the Prevention of Corruption Act.
2) The facts stated briefly are that the respondent No.2 lodged the above referred first information report against the applicant and five others alleging that under the Ten Point Program of the Chief Minister, Vanbandhu Kalyan Yojna, Project Sunshine, 2008 had been declared with a view to double the agriculture income in the tribal areas by increasing the production and with a view to increase opportunities qua employment in the field of agriculture to obtain higher profit from high quality hybrid corn cultivation in the Talukas of Garbada, Zalod, Fatehpura, Limkheda of Dahod District in 2008-
09. It was alleged that as per the letter dated 28.5.2008, the work of distribution in Zalod Taluka was entrusted to the applicant herein and, as such, the seeds and fertilizers were required to be distributed at village level in the presence of the Village Committee. It was further stated that if the project was not implemented in terms of the guidelines, the Organization would be responsible for the same and would be liable for the financial loss caused thereby. It was on the said condition that the work of distribution of seeds and fertilizers was entrusted to the said Organization. It was further alleged that in relation to village Jasuni, upon randomly contacting thirty beneficiary agriculturists it was found that five of the beneficiaries had not obtained any kits, the cost of which came to Rs.9,302.50/- whereas twenty five beneficiary agriculturists had received kits, however, at the time of distribution, no representatives of the Mahatma Gandhi Pratisthan, Dahod had remained present. That Rs.150/- per head had been recovered from each of the aforesaid beneficiaries amounting to Rs.3,750/- and as per the statement of the beneficiaries, the Sarpanch’s men, namely, one Rameshbhai Punjabhai Ravat and Bhavsingbhai Bhemabhai Ravat had taken cash amount and given the kits. Thus, the condition stated in the letter dated 28.8.2008 had not been complied.
3) It is further alleged in the first information report that the kits were required to be supplied free of cost. However, various irregularities as indicated in the column below were found in respect of the persons named therein and, as such, the Secretary, Tribal Development Department, Gandhinagar had vide letter dated 20.8.2008 informed the administrator of the project to lodge the present complaint in respect of the aforesaid irregularities. It is further stated therein that in terms of the letter dated 20.8.2008, the civil proceedings were being initiated, calling for the explanation of the concerned organization, whereas the criminal complaint is required to be lodged against the Sarpanch and his accomplices. That, the complainant has accordingly, been authorized to lodge the complaint. In the column below, the names of the persons, village and the illegalities committed by them have been narrated. In all five persons, namely, the accused No.2 to 6 have been named therein and specific roles have been attributed to them. However, the applicant herein has been arraigned as the accused No.1.
4) Mr. Y.M. Thakkar, learned advocate for the applicant invited the attention of the court to the allegations made in the complaint to submit that the complainant has said that he was authorized to lodge the complaint in respect of the Sarpanch and his accomplices and that insofar as the Non-Governmental Organisation is concerned, separate proceedings are required to be lodged. Insofar as the applicant is concerned, what has been mentioned in the first information report is only that the Mahatma Gandhi Pratisthan, Dahod did not comply with the instructions issued in the circular dated 20.8.2008. It was submitted that despite the fact that the complainant has been authorized to lodge the complaint against five persons, whose names and roles have been specified therein, the name of the applicant is shown as accused No.1 by the concerned officer of Zalod Police Station. It was submitted that on a bare perusal of the first information report, it is apparent that there is no allegation made against the applicant herein so as to constitute the offence alleged and, as such, the first information report is required to be quashed qua the present applicant.
5) On the other hand, Ms. Krina Calla, learned Additional Public Prosecutor opposed the application submitting that seeds and fertilizers had been entrusted to the organization, of which the applicant was Director, and that the applicant herein was answerable in respect of the said goods. Under the circumstances, it is for the applicant to state as to how the goods which were entrusted to the applicant’s Organization came to be distributed by the Sarpanch and his accomplices. It was, accordingly, urged that no case is made out for exercise of powers under section 482 of the Code.
6) A perusal of the first information report reveals that the offences alleged therein are under sections 406, 429, 420, 120B of the Indian Penal Code and sections 7, 12 and 13(1)(d) of the Prevention of Corruption Act. On a plain reading of the first information report, it is apparent that the complainant has lodged the complaint under the instructions of the Secretary, Tribal Development Department, who has authorized him to file the complaint against the Sarpanch and his accomplices, in respect of whom, specific roles have been attributed in relation to the offences in question. In the entire first information report, no allegations appear to have been made against the applicant herein. Despite the fact that no role has been attributed to the applicant herein in connection with the offence alleged, the reason for arraigning the applicant herein as the accused No.1 appears to be because in the complaint, it has been stated that the applicant herein was the Director of Mahatma Gandhi Pratisthan, who had been entrusted with the work of distribution of seeds and fertilizers. Thus, it appears that the concerned Police Officer of the Zalod Police Station has mechanically named the applicant herein as an accused in the first information report despite the fact that no offence has been alleged to have been committed by him. Moreover, the first information report itself clearly indicates that the complaint was required to be filed against the Sarpanch and his accomplices as narrated thereunder. Accordingly, in the first information report itself, the names of two Sarpanchs have been stated with specific roles being attributed to them along with three other persons, in respect of whom also, specific roles have been attributed. Insofar as the applicant herein is concerned, there is nothing in the first information report which discloses commission of any offence by him. Under the circumstances, in the absence of any allegation as regards commission to any offence, being made against the applicant herein, the continuance of the proceedings against him would amount to an abuse of process of court and, as such, this is a fit case for exercise of powers under section 482 of the Code.
7) For the foregoing reasons, the application succeeds and is, accordingly, allowed. The first information report registered vide Zalod Police Station I-C.R. No.115 of 2008, is hereby quashed and set aside qua the applicant Shri Vijaysinh Raghuvirsinh Zala alone. Rule is made absolute accordingly.
(HARSHA DEVANI, J.) Vahid