The present application preferred under Section 438 of the Code of Criminal Procedure pertains to First Information Report lodged in Modasa Town Police Station for offences punishable under Sections 406, 420, 181 and 193 of the Indian Penal Code, 1060, which was registered as C.R. No. I – 11188009240219 of 2024.

It is alleged that the present applicant was husband of Ms. Lilaben Mohanbhai Patel who was serving as a Primary teacher. She expired on 16.10.2013. Therefore, family pension was granted to present applicant – husband of the deceased Ms. Lilaben Mohanbhai Patel. One of the requirement for getting family pension under Rule 256 of the Gujarat Treasury Rules, 2000 was that the present applicant has to provide a certificate that he had not remarried. Subsequently, present applicant provided such certificate and till 10.10.2022 he was Rs.25,16,537/-. It was alleged that the present applicant had remarried with Ms. Nitaben Jadavbhai Patel on 11.12.2014. Therefore, present applicant defrauded the State exchequer by falsely giving certificate of not remarrying.

Mr. Mangukiya, learned advocate for the applicant has submitted that the applicant has preferred civil suit being Regul