Criminal proceedings can be quashed when the FIR and evidence, even if accepted at face value, lack essential ingredients of the charged offences and the prosecution is found to be an abuse of the process of law or lacks specific attribution of overt acts.

1. Heard Mr. Ravipal Maheshwari, learned counsel for the petitioners. Also heard Ms. Anusha Naik, learned counsel for the Respondent-State, Mr. Ghanshyam Patel, learned counsel for the Respondent No.2.

2. The petitioners have filed the present petition with the following prayer:

"1. That, Hon'ble Court may kindly be pleased to allow the instant petition under section 528 of B.N.S.S. 2023 filed by the petitioners, in the interest of justice.

2. That, Hon'ble Court may kindly be pleased to quash the impugned FIR bearing No. 388/2019 registered on dated 13.09.2019 at police station Gobra Nawapara Raipur, District Raipur Chhattisgarh filed under section 466, 467, 468, 34 of Indian Penal Code and final report filed 25.08.2020 in respect of the case of the petitioners, in the interest of justice.

3. That, Hon'ble Court may kindly be pleased to quash entire charge sheet dated 25.08.2020 before learned Judicial Magistrate First Class Raipur District Raipur Chhattisgarh under section 466, 467, 468, 34 of Indian Penal Code against the petitioners in the interest of justice.

4. That, Hon'ble Court may kindly be pleased to quash impugned proceeding against the petitioners (Annexure P-1) in Criminal Case No. 637/2020 against the petitioners, in the interest of justice.

5. That, the Hon'ble Court may kindly grant any other reliefs in favour of the petitioners, which the Hon'ble Court deemed fit & just in the facts and circumstances of the case, in the interest of justice."

3. Brief facts of the case are that on the basis of a written report submitted by the Chief Executive Officer, Janpad Panchayat Abhanpur, alleging offences under Sections 466, 467, 468 and 34 of the Indian Penal Code. The prosecution case pertains to alleged irregularities in execution of excavation work of Maa Karma Pond under the Mahatma Gandhi National Rural Employment Guarantee Scheme in Gram Panchayat Sunderkera between 06.04.2016 to 19.04.2016, wherein it is alleged that forged muster rolls were prepared in furtherance of common intention by the Sarpanch, other officials and the present petitioners. During investigation, various documents including muster rolls and records were seized and statements of witnesses were recorded, and upon completion of investigation, charge-sheet was filed on 30.01.2020 before the learned Judicial Magistrate First Class, Raipur, which has culminated into Criminal Case No. 637/2020. The petitioners are challenging the entire criminal proceedings initiated on the basis of the said report and charge-sheet.

4. Learned counsel for the petitioners submits that the present petitioners have been falsely roped in the present criminal case without there being any specific, cogent or legally admissible material to connect them with the alleged offences under Sections 466, 467, 468 read with Section 34 of the Indian Penal Code. The petitioners were admittedly working in the capacity of “mates” under the MNREGA scheme, whose limited role was confined only to marking attendance of labourers who were actually present and performing work at the site. They had no authority whatsoever in relation to sanction, disbursement, handling or control of any public funds, nor did they derive any pecuniary advantage or wrongful gain from the execution of the said works. The entire foundation of the allegations is based on a misconceived assumption that attendance was marked without work being performed, whereas in fact the labourers concerned had duly performed work and received wages directly into their bank accounts. Thus, even if the entire allegations as made in the FIR are