IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SMT. JUSTICE ANJULI PALO ON THE 04^th OF NOVEMBER, 2022 MISC. CRIMINAL CASE No. 46140 of 2018 BETWEEN:-

KHEMCHAND PATEL S/O SHRI RAGHUVEER PRASAD, AGED ABOUT 44 YEARS, OCCUPATION: REPORTING WORK AS COMMUNITY HEALTH CENTRE BAHORIBAND R/O WARD NO. 8 VISHNUDATT WARD, OM COLONY, SIHORA, DISTT. JABALPUR (MADHYA PRADESH)

.....PETITIONER (BY SHRI AHADULLA USMANI, ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH THR. P.S.

BAHORIBAND DISTT. KATNI (MADHYA PRADESH)

2. SHRI S.K. PATHAK S/O RAJARAM PATHAK, AGED ABOUT 62 YEARS, OCCUPATION: RETIRED BLOCK MEDICAL OFFICER, SHIVDARSHAN APARTMENT, C-BLOCK 401 KACHNAR CITY, VIJAY NAGAR, JABALPUR (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI SATYAPAL CHADHAR, GOVT. ADVOCATE FOR THE STATE)

This application coming for admission as well as interlocutory applications this day, the court passed the following:

ORDER

This petition under Section 482 of the Cr.P.C. has been filed by the petitioner for quashing of the FIR registered against him vide Crime Signature Not Verified No.279/2015 for the offences under Sections 409, 420, 467, 468, 471 and 120-

SAN B of the IPC at Police Station Bahoriband, District Jabalpur on the ground that no offence is made out against him.

As per the prosecution case, the allegation against the petitioner is that while he was working as Computer Operator in the Community Health Centre, Bahoriband, District Katni, he by forging and fabricating the amount mentioned in seven cheques misappropriated the government money and fraudulently disbursed the same in his own account and used the same for his personal illegal gains. After due enquiry, the Chief Medical & District Health Officer, Katni and perusing the Bank statement received from B.M.O. found that the petitioner committed following financial irregularities by forging and fabricating the cheques:-

On the basis of letter of the Chief Medical and District Health Officer, Katni dated 13.07.2015, the Police Station, Bohariband, District Katni on 01.08.2015 registered Crime No.279/2015 against the petitioner for offences Signature Not Verified under Sections 409, 420, 467, 468, 471 and 120-B of the I.P.C.

SAN Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in the case. He was only performing the duties of reporting works conducted in different department and he has no role in committing the fraud. It is also submitted that Dr. S.K. Pathak, B.M.O. had given cheques to the petitioner of his name without any permission from the higher authorities and instructed for withdrawing the amount, and thereafter only, the petitioner has withdrawn the amount and handed-over the same to Dr. S.K. Pathak, B.M.O. and hence, Dr. Pathak is responsible person for the crime in question. It is further submitted that Dr. S.K. Pathak, B.M.O. by misusing the power involved himself in illegal activities in health centre. Hence, he prayed to quash the aforesaid FIR registered against him for the offences under Sections 409, 420, 467, 468, 471 and 120-B of the IPC at Police Station Bahoriband, District Jabalpur as Crime No.279/2015 against him. The alleged cheques are not available on the record. The Police Official have not filed the handwriting expert report in respect of the petitioner and said Dr. S.K. Pathak for last two and half years.

Learned Govt.