Prosecution under Section 197 Cr.P.C. is not required for elected officials; mere inadvertence does not establish cheating.

JUDGMENT :

NEENA BANSAL KRISHNA, J.

1. Criminal Appeal under Section 378 (4) read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “ Cr.P.C .”), has been filed on behalf of the Appellant/Complainant, Sh. Vivek Garg, Advocate, against the Judgment dated 21.03.2022 of the Ld. ACMM, New Delhi, whereby Respondent No.2, Akhilesh Pati Tripathi, MLA has been acquitted in the Complaint Case No.4/2019 under Section 420 /468/409 of Indian Penal Code, 1860 (hereinafter referred to as “ IPC ”).

2. The Appellant, Sh. Vivek Garg stated that he is an Advocate and RTI Activist who is fighting against corruption at all levels due to corrupt nexus of fulcrum of evils who are looting the country worst than the British. He had filed one such Complaint Section 200 Cr.P.C . against the Respondent No.2, Akhilesh Pati Tripathi, MLA from Model Town Constituency since 08.12.2013.

3. The allegations are that being an MLA and a public servant, he was entitled for reimbursement of medical expenses from Government of NCT of Delhi in regard to the treatment obtained by him, his spouse and dependent family members. The member of the family is considered dependent only if his income from all sources is less than Rs.3,500/- per month.

4. The MLA is required to declare in his Application Form for getting Medical Facility Card under DGEHS for MLAs from GNCT, Delhi. Respondent No.2, Akhilesh Pati Tripathi obtained Medical Facility Card No.218647 from Government of National Capital Territory of Delhi (GNCTD), by unlawfully claiming that his parents Shri Abhay Nandan Tripathi and Smt. Chandra Wati Devi, were dependent upon him. Shri Abhay Nandan Tripathi had retired as a Principal from Government School, Uttar Pradesh and was drawing a pension much more than Rs,3,500/- per month. Therefore, neither he nor the mother of Respondent No.2 were dependant upon him.

5. The Complainant obtained information under RTI that the Respondent No.2, had been reimbursed a sum of Rs.2,01,600/- in regard to the medical treatment of Smt. Chandra Wati, his mother at Dr. B.L. Kapoor Memorial Hospital, Delhi, Rs.1,75,730/-, Rs.1,81,763/- and Rs.2,730/-. It was alleged that neither the father nor the mother of the Respondent No.2, Akhilesh Pati Tripathi were entitled to have their names entered into the Medical Facility Card in dependent category of the Respondent No.2, Akhilesh Pati Tripathi, who by doing so, committed an offence under Section 420 IPC .

6. It is asserted that despite occupying such a seat and being a public representative, he has breached the trust of public and committed the crime for which he deserves heavy punishment so that no other Politician would even dare to commit any crime and the public faith is maintained in the legal system of the country.

7. The pre-summoning evidence was led and the Respondent No.2, Akhilesh Pati Tripathi was summoned under Section 420 IPC vide Order dated 12.10.2017.

8. In the pre-Charge evidence, following witnesses were examined:

9. CW1 Sh. Vivek Garg, the Complainant deposed about the averments as made in the Complaint Ex.CW5/A. He was duly cross-examined on behalf of Respondent No.2, Akhilesh Pati Tripathi.

10. CW2 Sh. Vikas, Senior Assistant, AERO Election Office, Model Town Vidhan Sabha, deposed about the nomination papers of the Respondent No.2 for the year 2013 as well as 2015 election of Delhi Vidhan Sabha.

11. CW3 Shri Hoshiar Singh produced the record pertaining to the Application for Issuance of Medical Card under DGEH Scheme. The Medical Facility Card is Ex.CW2/B. The Form TR27A under Rule 291 A of Vidhan Sabha dated 05.02.2015 is Ex.CW2/C. The Order of the Accounts Department dated 04.02.2015 is Ex.CW2/D. The record pertaining to Form TR 27A Delhi Vidhan Sabha vide Bill dated 12.09.2014 is Ex.CW2/E. The Medical Facility Card issued on 18.06.2014 showing the parent of the Respondent