JUDGMENT

M A CHOWDHARY, J. --

1. Petitioners, through the medium of this petition under Section 482 CrPC, seek quashment of FIR No.4/2021 registered at P/S Mahor, District Reasi on 10.02.2021 against them for the commission of offences punishable U/Ss 409, 420, 506 and 120-B IPC, asserting that the same is abuse of process of law and has been lodged with malicious intention of blackmailing at the behest of respondent Nos. 2 and 3 as a counterblast to the FIR No.43/2020 dated 20.06.2020 registered at Police Station Mahor, against them.

2. It has been asserted that petitioner No.1 is Sarpanch of Panchayat Badder, Tehsil Badder, District Reasi whereas petitioner No.3 is Ex-BDO Mahore, petitioner Nos.5 & 8 are GRS, petitioner No.7 is Secretary, and petitioner No.10 is Technical Assistant in Panchayat Badder of Block Mahor, whereas petitioner No.11 is Junior Engineer in MGNREGA and 14th FC Scheme in Tehsil Mahore District Reasi.

3. The impugned FIR has been challenged on the grounds that it is bad both on facts and law and deserves to be quashed out-rightly, that there is total non application of mind by the learned Magistrate, while passing direction under Section 156(3) CrPC vide order dated 05.02.2021, that the ingredients of Section 409 IPC are not made out which has also been invoked in the FIR as there was no entrustment of funds to the petitioners and all the payments were made on-line and distribution of funds through public payment portal, with no scope of embezzlement or misappropriation; that there was not wrongful gain or wrongful loss so as to attract Section 420 IPC; it has been pleaded that the complainants have made reference of some constructions which have been made much prior to the alleged point of time. It is prayed that impugned FIR be quashed, in the interest of justice.

4. Pursuant to notice, respondents filed the status report, asserting therein that on the directions of learned Judicial Magistrate (Munsiff) Mahore, a case was registered vide FIR No.4/2021 on 10.02.2021 for the commission of offences punishable under sections 420, 409, 109 and 120-B IPC against the petitioners herein and that during the investigation, the petitioners herein have been found involved in the preparation and fabrication of documents like bills with regard to payments of works fraudulently and dishonestly which involves crores of rupees in the implementation of the MGNREGA/PMAY Schemes and that the officials of Block Development Office Mahore have not come forward with the required record.

5. Learned counsel for the petitioners argued that petitioners are either representatives of the public or public servants and have been made targets by the respondents 2 and 3 who have grouse against them being involved in a case registered vide FIR No. 43/2020 against them and that the petitioners have been unnecessarily made to suffer the harassment in the name of investigation though there is complete transparency in the execution of works and payments made by the concerned officers through on-line mode and there is no scope of any misappropriation at the hands of the petitioners.

6. She has further argued that the registration of the case in question is the fall out of a case registered on the complaint of petitioner no.1 Hanifa Begum against respondent no.2 and 3 on 20.06.2020 for the commission of offences punishable U/Ss 341/504/147/323/506 IPC, as such, same is not based on facts and enquiry is required to be conducted before registration of the case. She has further argued that all the petitioners either being public servants or public representatives fall within the definition of public servants and prior sanction is required for their investigation, therefore, the case could not have been registered without preliminary enquiry as well as sanction by the Government. Learned counsel for the petitioners further argued that investigation against the petitioners is sheer abuse of the process of law and prayed that the FIR impugned in this petition be quashed in the interest of justice.

7. Learned counsels for the respondents, on the other hand, argued that since documented complaints have been raised by the respondents 2 and 3 in the case before the local Magistrate who had ordered investigation to be conducted through respondent no.1 with regard to the malfunctioning and misappropriation of funds in the names of the fake entities involving crores of rupees being spent through the medium of Panchayats in the Mahore Sub Division. They have further argued that the learned Magistrate had enquired into the matter and after drawing satisfaction had directed the registration of the case by the official respondent and prayed that the petition, having no merit in itself, be dismissed with a direction to the official respondent to go ahead with the investigation of the case so as to reach the truth by unearthing the scandalous misappropriation of funds by the petitioners.

8. Hear, perused and considered.

9. On perusal of the impugned FIR and the documents available on file, particularly, the copies of the extracts from the registers with regard to supply of material and payments made and highlighting some fake entities who had nothing to do with the supplies, such as, a medical store having been made payments with regard to the construction material supplied etc. Therefore, in view of documents made available by the complainants to the court, thorough investigation is required to be conducted by the investigating agency to the role of the petitioners vis-à-vis expenses made on various schemes under MGNREGA and also PM Awas Yojna Scheme in Panchayat Badder falling within Mahore Block of Rural Development.

10. The contention of the learned counsel for the petitioners that the investigation cannot be carried out unless sanction is granted by the government in terms of Section 197 CrPC apparently seems to be fallacious for the reason that such sanction is required only to launch the prosecution and not for investigation of the cases.

11. In view of the facts and circumstances of the case as discussed hereinabove, the petition, on hand, moved by the petitioners seeking quashment of the FIR registered against them at P/S Mahore is found to be without any merit and substance and is liable to be rejected, as the same does not warrant any interference by this court invoking inherent jurisdiction to secure the ends of justice or to prevent the misuse of the process of law.

12. The petition is, accordingly, dismissed along with pending application(s).

13. Interim direction, if any, shall stand vacated.

Petition dismissed.

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