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Is it a wrong order

(Querist) 26 November 2008 This query is : Resolved 
My questions are all around about the significance of Crpc in the cases relate to panchayat act in Haryana.
Que: - One of a person of my village complained to DC of my District YNR about the misappropriation of funds in the tenure of my Father (who was a former surpunch of village at that time.) After doing inquiry the Department asks us to submit 96301/- due to some mistakes in the maintaining record. My father after received the notice from DC submit the said amount. Then the DC has filed the inquiry report in his office and no criminal was sued against my father by the DC. But the aforesaid person due to some political rivalry made a complaint to court U/s 406,420,467,468,471 and the court ordered the local police station for register an FIR and investigates the Case as per law.
My question is that apart from the Distt administration and the district panchayat department a individual person has a legal right to get a case register in the police station against the former surpunch besides this if the distt administration has no other objection and do not find any suitable base to get register a fir against the defendant.
So, is it a wrong order of the respectable judge as per legal proceedings of panchayat department?
deepak kumar (Expert) 28 November 2008
in my view any person can set the wheels of law in motion. the order of judicial magistrate is correct.
Rajan Salvi (Expert) 28 November 2008
Sir, Your father is lucky that section 409 was not applied [ which carries sentence of life imprisonment - Sarpanch is also a 'public servant] . Further as stated by Mr. Kumar - any person can set the law in motion.
In my case , FIR came to be lodged by the next elected Sarpanch after holding Gram Sabha and resolution being passed to that effect that FIR should be lodged against the earlier Sarpanch ]


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