IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10-11-2025 CORAM THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR & Crl MP No.19783 of 2025

1. Prema Gnanaprakasam, W/o.Gnanaprakasam, Former Village President, M.P.Agaram Village Panchayat, Cuddalore District.

Residing at:

Main Road, Kuttiyankupam Village, Manamedu Post, Cuddalore Taluk and District.

Petitioner(s)

Vs

1. The Inspector of Police, Vigilance and Anti -Corruption, Cuddalore.

Cr.No.1/2015. Respondent(s)

PRAYER This petition has been filed seeking to set aside the order dt. 09.10.2024 made in Crl.M.P.No.637 of 2019 in Spl.Case No.13 of 2019 on the file of Chief Judicial Magistrate, Cuddalore and to allow the above Criminal Revision Case.

For Petitioner(s): Mr.C.Prabakaran For Respondent(s): Mr.Leonard Arul Joseph Selvam Additional Public Prosecutor

ORDER

This petition has been filed seeking to set aside the order dt. 09.10.2024 made in Crl.M.P.No.637 of 2019 in Spl.Case No.13 of 2019 on the file of Chief Judicial Magistrate, Cuddalore and to allow the above Criminal Revision Case.

2.The petitioner/A1 in Special Case no.13 of 2019 charged for the alleged offences under Sections 167, 471, 420 and 409 of IPC and also u/s.13(2) r/w. 13(1)(c) of the Prevention of Corruption Act 1988 r/w.109 of IPC, has filed a discharge petition before the trial Court in Crl.M.P.No.637 of 2019. The trial Court, by order dated 09.10.2024, dismissed the discharge petition. Against which, the present revision case.

3.The case of the prosecution is that during the period between

08.04.2009 and 05.11.2009, A2 and A3 had prepared incorrect records to get the amount sanctioned under the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS). The forged muster roll has been prepared and huge sums have been got sanctioned from the BDO. Thereafter, the amount has been credited to the account of Panchayat and the petitioner was the authorised person to handle the bank account and sign the cheques and thereafter, the amount had been withdrawn and paid to only few of the beneficiaries and not to all the persons, whose names have been recorded in the muster roll. Hence with forged documents, muster roll has been prepared with active connivance of A2 and A3. A2 is the Panchayat Clerk and A3 is the Makkal Nala Paniyalar/facilitator. By listing 77 witnesses’ statements and 108 documents, a charge sheet has been filed against the petitioner and other accused.

4.The learned counsel for the petitioner submitted that the petitioner is a lady and she was the Panchayat President for one period in M.P.Agaram Panchayat. She is residing at a distant place and as Panchayat President, she used to visit the Panchayat Office and sign the documents and ledgers by keeping trust on the employees and she has little knowledge since she is not well educated. Whatever documents were specifically signed by her, were forwarded through the Panchayat Secretary to the BDO, who, in his office scrutinises the entire documents submitted and thereafter, independently approve the proposals sent to the Panchayat. In this case, the BDO, during the relevant period, had approved and thereafter only, the amounts have been transferred. Now for some reason, the petitioner has been targeted and projected as though the petitioner in collusion with A2 and A3, has created forged documents. In fact, the petitioner's specific contention is that her signature itself has been forged and she has not signed the said documents, which are projected as if signed by her. The petitioner has been made as a scape- goat in this case.

5.The learned Additional Public Prosecutor would submit that in this case the petitioner had signed the muster roll prepared and submitted to the BDO Office and thereafter, the payments have been released and the amounts have been credited to the Bank account of the Panchayat. The petitioner as a Panchayat President, has signed the cheques and received the amounts credited under the Mahatma Gandhi National Rural Employment Guarantee Sche