N.S. Shekhawat, J.

1. The petitioner has filed the present petition under Section 482 Cr.P.C., with a prayer to quash the FIR no.240 dated 03.11.2017, registered under Sections 10, 13(2) of the Prevention of Corruption Act, 1988 and under Section 409, 120-B IPC, at Police Station Zira, District Ferozepur, Punjab (Annexure P-1) and all consequential proceedings arising therefrom.

2. Learned counsel for the petitioner contends that the petitioner has been falsely involved in the present case. In fact, Kulwinder Singh, Sarpanch, co-accused of village Behak Gujran, moved an application to Block Development and Panchayat Officer (BDPO), Zira that Rajwant Singh, Panchayat Secretary of their village had committed a fraud by forging his signatures and had also transferred an amount of Rs.4 lacs in the account of Modern Bricks Industries, Ratol Bet and further committed fraud of Rs.14,03,000/- on 19.01.2016 and Rs.3,45,000/- on 01.03.2016, in connivance with the owner of Punjab Bricks Industries, Behak Gujran. Even it was alleged that an amount of Rs.7,50,000/- of auction money of Shamlat land was given to the petitioner but he did not deposit the same in the bank account of Panchayat. Inquiry was conducted and it was found that Rajwant Singh, Panchayat Secretary had withdrawn an amount of Rs.33,23,000/- from the account of Gram Panchayat Behak Gujran without a resolution and Rs.3 lacs had been withdrawn with resolution, but without quorum. Kulwinder Singh, Sarpanch of Gram Panchayat village Behak Gujran had handed over a sum of Rs.7,50,000/- of auction money of Panchayat land for the year 2016-2017 to the petitioner for depositing the same in the bank account of Gram Panchayat of village Behak Gujran, however, the petitioner misappropriated the said amount. Learned counsel for the petitioner vehemently argued that Kulwinder Singh, co-accused is the Sarpanch of village Behak Gujran. Behak Gujran was a highly populated village and in the year 2008, four Gram Panchayats were carved out of the said village i.e. Gram Panchayat villages Behak Gujran, Gram Panchayat village Basti Gurdeep Singh Wali, Gram Panchayat village Basti Bute Wala and Gram Panchayat village Basti Didar Singh. However, the Shamlat land was not partitioned and Kulwinder Singh, Sarpanch used to auction the land and thereafter, he used to give cheques to other Gram Panchayats as per their share. Thereafter, the petitioner was elected as Sarpanch of village Basti Gurdeep Singh and remained the Sarpanch from 2008 to 2013. Still further, the amount of Rs.49,35,632/- was withdrawn by Rajwant Singh, Panchayat Secretary from the bank account of Gram Panchayat village Behak Gujran in collusion with Kulwinder Singh and the petitioner was not Member of that Panchayat at the relevant time. Even BDPO has issued notice to them, to deposit the amount of Rs.56,85,632/- in the account of Gram Panchayat, Behak Gujran within a period of 15 days. Since, they did not deposit the amount in question, notice under Section 216 of Punjab Panchayati Raj Act, 1994, was issued to them and recovery of Rs.56,85,632/- was ordered from Kulwinder Singh, Sarpanch and Rajwant Singh, Panchayat Secretary, both the co-accused. Still further, as per the resolution of the Gram Panchayat, the entire amount was with Kulwinder Singh and he was responsible for keeping the said amount and he has been falsely involved due to political rivalry in the village. Even the amount was withdrawn by Kulwinder Singh and Rajwant Singh, Panchayat Secretary from the bank and the petitioner has no concern with the withdrawal of the amount.

3. On the other hand, learned State counsel has filed a reply by way of affidavit of DSP, Zira, District Ferozepur and the same was taken on record. Learned State counsel submits that the complainant had sent one letter dated 13.09.2017 to District Development and Panchayat Officer, Ferozepur, with the allegations that Rajwant Singh, Panchayat Secretary, Jaswant Singh, Ex. Sarpanch,