IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
T.V. NALWADE, J.
Mukesh S/o Krishna Bhoge – Petitioner
Versus
The State of Maharashtra, through the Assistant Police, Mukramabad – Respondent
Criminal Writ Petition Nos. 279, 280, 282, 322, 323 of 2013
Decided On : 05-12-2018
Code of Criminal Procedure,1973 - Section 156(3) - Indian Penal Code,1860 - Sections 420, 419 and 409 and 463, 468 and 471 and Section 34 and 120B - Amended Act, 2006 - Section 61B and 61C (v) - False record - Executing the work - Cheating and dishonesty - Proceeding is in respect of Crime and village involved crime is registered on basis of direction given by learned Judicial Magistrate private complaint to make investigation under Section 156(3) of Code of Criminal Procedure - Complainant is a resident of village - He has contended that while implementing and executing work under Maharashtra Rural Employment Guarantee Scheme, several irregularities were committed and amount of around has been misappropriated by accused persons including present petitioner - Removal of slit from public tank were shown to be executed under scheme – Held, Entire nation suffers due to conduct of such persons - These days more and more funds are given for Local Bodies and person are expected to use funds properly - This is required for decentralization of power any democratic system - Due to conduct of persons like applicants policy makers hesitate in giving powers directly to Gram circumstances record - Court holds that in such cases, no lenient view can be taken and no concession can be given to anybody - Such economic offences need to be dealt with firmly and at every stage - Petitions stand dismissed
T.V. NALWADE, J.
1. Rule. Rule made returnable forthwith. By consent heard both the sides for final disposal.
2. All the proceedings are filed by the same petitioner, the Tahasildar of Tahsil Mukhed, District Nanded for the relief of quashing of different FIR's registered against him in Mukhed Police Station, District Nanded. In the first proceeding, the relief is claimed in respect of Crime No. 13/2013 registered on 07.02.2013. In the second proceeding, relief claimed is in respect of Crime No. 25/2013 registered on 25.02.2013. In the third proceeding, relief claimed is in respect of Crime No. 7/2013 registered on 17.01.2013. In the fourth proceeding, relief is claimed in respect of Crime No. 30/2013 registered on 08.03.2013 and in last proceeding relief claimed is in respect of Crime No. 33/2013 registered on 20.03.2013.
3. Both the sides are heard.
4. In short, the facts of aforesaid different crimes can be stated as follows:
Writ Petition No. 323 of 2013 (In Crime No. 33 of 2013)
This proceeding is in respect of Crime No. 33 of 2013 and the village involved is Makani, Tahsil Mukhed. The crime is registered on the basis of direction given by the learned Judicial Magistrate (F.C.), Mukhed in private complaint to make investigation under Section 156(3) of the Code of Criminal Procedure. The complainant Dr. Pravinkumar Gavane is a resident of village Makani, Tahsil Mukhed. He has contended that while implementing and executing the work under the Maharashtra Rural Employment Guarantee Scheme, several irregularities were committed and the amount of around Rs. 3,00,00,000/- (Rupees Three Crores) has been misappropriated by the accused persons including the present petitioner. The work like Panand road, cement Nala Bandh, Canal repairs and removal of slit from public tank were shown to be executed under the scheme. The scheme was started for benefit of persons living in rural area and particularly for those areas which are drought affected to see that work is given to people of rural areas and the work is executed in the village or in Gavthan of the village so that people are not required to migrate to other places to work for livelihood. Under the scheme, the Government has promised to give the work of at least 100 days to each adult member of the family.
5. In C.R. No. 33 of 2013 allegations are made that no work was done and false record of work including the muster roles of labourers was created. The names of labourers who were not alive like Namdeo Sambhaji Kondare, Sambhaji Govind Kadam, Nivrutti Laxman Gawalwad, Laxman Vitthal Kamble, Shriram Pundlik Lokulwar, Sarubai Tulshiram Gawalwad are mentioned by the complainant to show that on the dates when they were shown as labourers they were not alive. Some names of children like Dnanyeshwar Bandu Holangir who was aged about 10 years, and Muktabai Bandu Holangir, who was aged about 8 years and some names of handicapped and bed ridden persons like Shankar Gangaram Gawalwad, Raosaheb Motiram Gavane are also mentioned in the complaint to show that false record of labour force was created. The names of some persons who were in Government employment were also shown in the muster roles like Padminibai Raghunath More (Aganwadi Teacher) Gangabai Baburao Rajure, (Aganwadi teacher), Shankar Chandu Gawalwad working in Mumbai Corporation, Bhimrao Ganpat Kamble and Surekha Bhimrao Kamble working in Ashram School. Their names were also shown in the muster roles according to the complainant.
6. The allegations of misappropriation are made against Sarpanch, Gram Sevak, Post Master, Rojgar Sevak, Tahsildar, Block Development Officer and Engineers of Zilla Parishad. The complainant has made allegations that almost all member of his family including Ranjeet Gavhane, Raosaheb Gavhane, Anusaya Gavhane, Chandrakala Uma Gavhane, were mentioned in the muster roles when they never worked under the scheme as there is no such necessity for them. Amount is shown to be paid to them and that amount is mis
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