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2021 Supreme(Guj) 1120

GITA GOPI
KISHORBHAI GANPATBHAI SHRIMALI – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared:
For the Appellant :MR PREMAL NANAVATI, SENIOR ADVOCATE WITH MS KAVITA B GAJJAR
For the Respondent: MR HS MUNSHAW WITH MR DEVANG BHATT, MR PRANAV TRIVEDI

ORDER :

1. Both the petitioners are arraigned as accused in the impugned FIR bearing C.R. No. I - 52 of 2016 dated 08.09.2016 registered with Sami Police Station, Patan, for the offences punishable under Sections 409, 465, 467, 477A and 114 of the Indian Penal Code and both the petitioners have prayed for quashing the same under Section 482 of the Code of Criminal Procedure.

2. It is alleged in the FIR that Swachchh Bharat Mission (Scheme) came to be introduced and implemented by the State of Gujarat since the year 2014. Under the scheme it was decided to give monetary help by way of grant to the Gram Panchayat. It is submitted that as per the scheme the Gram Panchayat has to pass resolution including the area in which the money is required and thereafter the same is to be submitted to the Deputy Taluka Officer. It is submitted that the Deputy Taluka Officer and Extension Officer has to verify all the records, and after detailed verification, the said record is required to be forwarded to the Taluka Development Officer (for short “TDO”), who, in turn, forward all the documents and records to the District Development Officer (for short “DDO”) alongwith proposal (Darkhast) for grant of

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