SBCrMiscPet No.1482/08- Kanwaroo Khan v. State Date of order:12.05.2009 1 of 2 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ::: O R D E R Kanwaroo Khan v. State of Rajasthan S.B. Cr. Misc. Petition No.1482 OF 2008 ::: Date of order: 12th May, 2009 ::: P R E S E N T HON'BLE MR JUSTICE KISHAN SWAROOP CHAUDHARI Mr M.K. Garg, for the petitioner Mr Ashok Prajapat, Public Prosecutor BY THE COURT: Heard learned counsel for the petitioner. The trial court framed charges against the petitioner under sec.409 IPC on the ground that the petitioner was working as Sarpanch and some construction work was done. It was revealed that as per assessment done later on, the amount shown to have been incurred on construction was higher than actually it was spent. The revisional court also dismissed revision, against which this petition has been filed. SBCrMiscPet No.1482/08- Kanwaroo Khan v. State Date of order:12.05.2009 2 of 2 Learned counsel for the petitioner submitted that the petitioner has no connection with incurring expenses on construction and on account of political rivalry, false assessment report has been obtained and sanction under sec.197 CrPC has not been obtained; hence, the petition may be accepted. So far as sanction under sec.197 CrPC is concerned, petitioner is free to move an application before the trial court. Petitioner was working as Sarpanch and under his supervision the construction was done and apparently, he himself has withdrawn the amount for incurring expenses. As per assessment report, amount shown to have been incurred on construction was much higher. In such circumstances, prima facie, petitioner has committed criminal breach of trust and trial court has not committed any error in framing charge under sec.409 IPC. I find no infirmity in the order of the revisional court, hence, this petition is dismissed. [KISHAN SWAROOP CHAUDHARI],J. mma