Dr. Parafula Moon vs The State of Madhya Pradesh

M.A. Siddiqui, Judge

Heard Finally. This petition u/s 397/401 of Cr.P.C.has been filed to quash the order passed by C.J.M., Balaghat in Criminal Case No. 11/2007 dated 4.2.2009, whereby charges have been framed under Sections 420, 409 and 120B of I.P.C against the applicant.

In short the allegation against the applicant is that, applicant who is a Veterinary Surgeon was entrusted with the work of distribution of grain under the Scheme (Kam ke Badle Anaj) to the workers against the work which they rendered in Sukha Rahat Karya. It is alleged that 115 quintals of rice was found in excess which was seized from the house of co-accused M.R. Shinde. The allegation against the applicant is that he was in conspiracy with the said accused person in misappropriation of the rice and not giving the rice to the laborers and consequently 115 Quintals of rice was was found in excess.

Learned counsel for the petitioner submits that not a single document has been filed against which it can be ascertained that petitioner by fabricating any document has been in conspiracy with the accused persons. Neither he prepared the muster roll nor he made any payment and his act does not fall under the ambit of offence under Sections 420, 409 and 120B of I.P.C

Learned counsel for the State has conceded that no document has been prepared by the applicant but has submitted that in enquiry report it was found that he did not report to the superior officer about the irregularity in the distribution, hence, he was negligent in his duties and his presence has been alleged at that time.

Learned counsel for the applicant submits that if applicant had remained present then he would have been asked to put signature on the documents but on the payments made and on muster roll his signatures are not there. However, the act of the applicant can be of negligence but negligence itself does not come in the ambit of offence. Though he may be punished in Departmental Enquiry but as far as the offence is concerned no prima facie case is made out of cheating, misappropriation and forging of documents and entering into conspiracy.

Looking to facts and circumstances of the case and after perusal of the record, I am of the opinion that no prima facie case is made out against the applicant, Dr. Prafulla Moon. Hence charges framed by the learned C.J.M. Under Sections 420, 409 and 120B of I.P.C dated 4.2.2009 are hereby quashed and applicant is acquitted from the aforesaid offence. He is on bail, his bail bond and surety bonds are discharged Certified copy as per rules.