IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 11022 of 2021 FOR APPROVAL AND SIGNATURE:

HONOURABLE MRS. JUSTICE M. K. THAKKER ==========================================================

Approved for Reporting Yes No ✔

==========================================================

ABDUL KADIR ISHAK HAYAT Versus STATE OF GUJARAT & ANR.

==========================================================

Appearance:

MR.MAHESH POOJARA for MR ASHISH M DAGLI(2203) for the Applicant(s)

No. 1 NOTICE SERVED for the Respondent(s) No. 2 MR.RONAK RAWAL, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER Date : 17/03/2026

JUDGMENT

1. The present application is filed seeking quashment of the FIR registered with Santrampur Police Station, District Mahisagar, being CR No.11187007201485 of 2020 dated 21.12.2020, for the offences punishable under Sections 408, 409, 420 and 120B of the IPC, as well as Sections 66C and 66B of the Information Technology (Amendment) Act, 2008. Alleging the accusation for the above offence against two persons following descriptions of the offence is mentioned in the FIR, which is reproduced hereinbelow:

12.In such a manner that, at the above mentioned date, time, and place, the accused (2) of this case, being a government employee himself, within the area under the jurisdiction of the complainant of this case, by misusing the login password and D.S.C. (Digital Signature Certificate) of R&B Panchayat Santrampur Mahisagar in the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGA) under the Mahatma Gandhi National Rural Employment Guarantee Act – 2005, illegally transferred an amount of Rs. 9,44,245/- as per serial nos. 1 to 12 of Register-2 mentioned by the complainant into the bank account of KDK Stone Industries - Godhra, as well as the F.T.O. of an amount of Rs. 3,05,625/- for the works of serial nos. 13 to 16 of the said Register-2 were rejected; and for the works executed through the Taluka Panchayat as per serial nos. 1 to 12 of the said Register-2, the accused misused the login password and D.S.C. of R&B Panchayat Santrampur, tampered with the MGNREGA online software for FTOs worth a total amount of Rs. 9,44,245/-, reopened work completion tasks in the MGNREGA software, used false bill numbers in the ongoing works in the software and entered bogus bills, directly transferred funds into the bank account of the agency related to accused (1) through the MGNREGA online software; and hatched a conspiracy to commit a crime to obtain illegal personal gain of government funds, caused financial loss to the State Government and committed financial irregularity and embezzlement, used a modus operandi to embezzle a total of Rs. 9,44,245/- and aided each other in committing the crime, etc.

2. Heard learned advocate Mr.Mahesh Poojara for the applicant and learned AGP Mr.Ronak Rawal for the respondent-State.

2.1. It is submitted by the learned advocate Mr.Mahesh Poojara that the applicant is falsely implicated in the FIR on the basis of the transactions which are shown to have been made from the account of the MNREGA to his account. It is submitted by learned advocate Mr.Mahesh Poojara that the amount was transferred in his account from 06.03.2019 to 12.03.2019 and immediately on getting the information with regard to the above deposits of the amount, on 22.03.2019, the communication was made through the Director, District Gram Vikas Agency. It is submitted further that on being communicated on 22.03.2019, the reply was given by the Director on 28.03.2019 stating that the amount which is deposited through 12 transactions, being transferred through RTGS in the account of MNREGA, PAN TDO, Santrampur. On receiving such communication, the amount was transferred through RTGS in the account of MNREGA by different entries starting from 15.04.2019 onwards. It is submitted by learned advocate Mr.Mah