Balwant Singh Sidar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPCR No. 232 of 2016 • Balwant Singh Sidar S/o Shri Manohar Singh Sidar, Aged About 42 Years, Ex. Secretary, Gram Panchayat Navagaon, Tahsil and Police Station : Baloda, District Janjgir Champa (Chhattisgarh) Present R/o Village : Pahariya, Tahsil & Police Station Baloda, District Janjgir Champa (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Panchayat and Rural Development Department, Mantralaya Mahanadi Bhawan New Raipur Police Station Rakhi, District Raipur (Chhattisgarh)

2. The Collector, Janjgir, District Janjgir Champa (Chhattisgarh)

3. Sub Divisional Officer (Revenue) Cum Prescribed Officer, Janjgir, District Janjgir Champa (Chhattisgarh)

4. The Chief Executive Officer, Janpad Panchayat Baloda, District Janjgir Champa (Chhattisgarh)

5. The Station House Officer, Police Station : Baloda, District Janjgir Champa (Chhattisgarh) ---- Respondents For Petitioner Shri P. K. Patel, Advocate For Respondent-State Shri U. N. S. Deo, GA Hon'ble Shri Justice Prashant Kumar Mishra Order On Board

04/10/2016 1.

The petitioner is the former Secretary of Gram Panchayat, Navagaon, Tahsil and Police Station Baloda, District JanjgirChampa. By the order dated 12.05.2016, the Additional Collector, Janjgir-Champa acting on behalf of the Collector, Janjgir-Champa acted on the report submitted by the Chief Executive Officer, Janpad Panchayat, Baloda to conclude that the former Sarpanch Sheelabai and the present petitioner have embezzled the amount of Rs.23,03,130/- by not depositing the royalty recovered on behalf of the Gram Panchayat. The Collector, Janjgir-Champa directed the SDO (Revenue), Janjgir to recover the amount from the petitioner and upon failure of the petitioner and the Sarpanch to deposit the amount, to lodge FIR. Thereafter, the SDO (Revenue), Janjgir initiated the proceedings on 08.06.

2016 under Section 92 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 (henceforth 'the Adhiniyam, 1993'), wherein the petitioner failed to repay the amount, therefore, the SDO (Revenue) has straightway issued warrant of arrest. It is surprising as to when the Collector has passed a specific order directing the SDO (Revenue) to lodge FIR, why the SDO (Revenue) has himself issued warrant of arrest without lodging FIR before the concerned police station.

Janjgir and is addressed to the Police Station Baloda for arresting the petitioner and producing him before the SDO (Revenue). The order does not say as to under which provision of law the SDO (Revenue) is empowered to issue a warrant of arrest against a person who is facing proceedings under Section 92 of the Adhiniyam, 1993. The impugned order is thus not sustainable.

2.

In view of the above, the writ petition is disposed of with a direction to the SDO (Revenue), Janjgir to proceed to comply the order passed by the Collector, Janjgir-Champa on 12.05.2016, in accordance with law, in its true letter and spirit by lodging FIR as directed by the Collector. If the FIR is lodged, the concerned Police would act in accordance with law to arrest the petitioner, however, the impugned order shall not be acted upon unless an FIR is registered against the petitioner. The SDO (Revenue), Janjgir shall submit compliance report before this Court within a period of 3 months. On receipt of compliance report, the Registry shall register MCC and place the same before this Court for orders.

Sd/- JUDGE PRASHANT KUMAR MISHRA Nirala