Wednesday, March 29, 2023

Madhya Pradesh High Court disposes of PIL related to embezzlement of public money

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The Madhya Pradesh High Court disposed of a Public Interest Litigation (PIL) filed related to embezzled public money of  M.P. Rural Employment Guarantee Scheme 2005.

The petition is filed  seeking the following reliefs: – 

-This Hon’ble Court may be pleased for issuing writ of Mandamus/certiorari and call the entire records related to M.P.

Rural Employment Guarantee Scheme 2005 of Gram Panchayat Khajuriya Baramadgarhi, District Raisen (M.P.). 

– To direct the respondents to take immediate appropriate action against the private respondent and other responsible officers and get registered the FIR against them and recover the embezzled public money of MGNREGA 2005. 

The reply has been furnished. Petitioner’s counsel submits before the High Court that in terms of the reply the allegation of the petitioner appears to be true. If that were the case of the petitioner then the petitioner is always entitled to file an FIR against the concerned persons. 

The Division Bench of Chief Justice Ravi Malimath and Justice Vishal Mishra  do not find any reason as to why a writ court has to be approached in order to lodge an FIR. The petitioner is always entitled to set the criminal law into motion by lodging an FIR.  

In view of the reply filed by State, the counsel submits that he will proceed to file an FIR. He is permitted to do so in accordance with law by the High Court.

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