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 Limdi Police Station vide I-C.R. No.94 of 2009 for the offences punishable under sections 406, 420, 467, 468, 470, 471 and 114 of the Indian Penal Code.
2) The facts stated briefly are that the respondent No.2 lodged the above referred first information report against the applicant and two others alleging that under the Ten Point Program of the Chief Minister’s 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 by organizing a camp. If the project was not implemented in terms of 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 Organization. It is further alleged that upon carrying out inquiry in respect of distribution of seeds and fertilizers at Zalod Taluka, it was found that in respect of forty four beneficiaries of Malvasi village, seeds and fertilizers have not been distributed, which are valued at Rs.81,862/- and in respect of Raliyati Bhura village, seeds and fertilizers, valued at Rs.57,675.50/- have not been distributed to thirty one beneficiaries. Pursuant to the aforesaid inquiry, it was found that the Mahatma Gandhi Pratisthan had not complied with the conditions stipulated under the resolution dated 28.5.2008. Thus, irregularities have been committed in the distribution of free of cost kits and that the complainant has been informed by the Secretary, Tribal Development Department vide communication dated 20.8.2008 that separate proceedings have been initiated calling for the explanation of the concerned organization, whereas a criminal complaint is required to be lodged against the Sarpanchs and their accomplices. The said first information report also contains a table wherein against the names of the persons against whom first information report is to be filed the Sarpanchas of Malvasi and Raliyati villages of Taluka Zalod have been named and specific allegations describing their roles in the commission of the offence have been made as also the estimated loss on account of the illegalities committed has been stated.
3) Mr. Y.M. Thakkar, learned advocate appearing on behalf of 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 a complaint in respect of the Sarpanchs and their accomplices and that insofar as the Organisation is concerned, separate proceedings are required to be lodged. It was pointed out that in the entire first information report, insofar as the applicant is concerned, what has been mentioned is only that the Mahatma Gandhi Pratisthan, Dahod did not comply with the instructions issued in the letter dated 20.8.2008. It was submitted that despite the fact that the complainant had been authorized to lodge the complaint against two persons, whose names and roles have been specified therein, the name of the applicant has wrongly been shown as accused No.1 by the concerned officer of the Limdi Police Station. According to the learned counsel on a bare perusal of the first information report, it is apparent that there is no allegation as regards commission of any of the offence alleged against the applicant herein and, as such, the first information report is required to be quashed qua the present applicant.
4) On the other hand, Ms. Krina Calla, learned Additional Public Prosecutor opposed the application submitting that the seeds and fertilizers had been entrusted to the Organization, of which the applicant herein was Director and that the applicant 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 Sarpanchs and their accomplices. It was, accordingly, urged that no case is made out for exercise of powers under section 482 of the Code.
5) A perusal of the first information report reveals that the offences alleged therein are under sections 406, 420, 467, 468, 470, 471 and 114 of the Indian Penal Code. 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 Sarpanchs and their accomplices, in respect of whom, specific roles have been attributed in relation to the offences in question. On reading the first information report in its entirety there is not even a whisper of any allegation having 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 applicant appears to have been arraigned as the accused No.1 because in the complaint it has been stated that the applicant herein was the Director of Mahatma Gandhi Pratisthan, who had been entrusted with a work of distribution of seeds and fertilizers. Thus, it appears that the concerned police officer 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 Sarpanchs and their accomplices as mentioned thereunder. Accordingly, in the Table reflecting the names of the persons against whom request has been made to lodge the first information report, the Sarpanchs of villages Malvasi and Raliyati Bhura of Taluka Zalod have been named and specific roles have been attributed to them. 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 the applicant 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.
6) For the foregoing reasons, the application succeeds and is, accordingly, allowed. The first information report registered vide Limdi Police Station I-C.R. No.94 of 2009, is hereby quashed and set aside qua the applicant Shri Vijaysinh Raghuvirsinh Zala alone. Rule is made absolute accordingly.
(HARSHA DEVANI, J.) Vahid