Naman Gyanchand Pipara Vs State of Gujarat & Ors. (Gujarat High Court)
Gujarat High Court held that the role of the applicant’s firm in Gujarat State Land Development Corporation (GSLDC Scam) was very limited and was not actually connected with the field work and only to the extent the audit of vouchers and records. Prima facie, no offence is made out against the applicant. Accordingly, court dismissed the FIR against applicant firm.
Facts- The work of Khet Talavadi at various different survey numbers carried out by the Gujarat Land Development Corporation, Bharuch at village : Kharach, Taluka : Hansot, District : Bharuch has been inspected by the authority, wherein it is found that the applications were made on behalf of the farmer without their knowledge by the officials of the said Corporation and thereby misused their powers, shown said Khet Talavadi on papers, shown wrong measurement in the record, made payment in the account of the particular Contractors, created false record in connivance with the unqualified employee/s appointed by the Pipara & Company, a Chartered Accountant Firm, who, thereby committed an offence of the Chartered Accountant Act. Hence, the impugned complaints.
Conclusion- Held that officers and staff of the Gujarat State Land Development Corporation have made false and fraudulent applications for getting the monetary benefit of the Scheme known as ‘Khet Talavadi’ floated by the State Government. Further, there is no connection between the applicant and the officers/staff of the Corporation as well as the contractors. There is no money transaction between the contractor and the applicant at all and the officers/staff of the Corporation at all. The role of the applicant’s firm was very limited and was not actually connected with the field work and only to the extent the audit of vouchers and records. Prima facie, no offence is made out against the applicant.
