JUDGMENT : 1. This petition preferred under section 482 of Code of Criminal Procedure, 1973 (for short “The Code”), challenges the legality and validity of order dated 6-2-2017 passed by Judicial Magistrate First Class, Alot, District Ratlam in Criminal Case No. 750/2011, whereby the learned Magistrate has allowed the application filed by the prosecution under section 319 of The Code' for proceeding against the petitioner Hemendra Singh and two other persons namely Bheru Singh, the then Sarpanch, Gram Panchayat, Alot and Vinod Marata, the then Secretary, Gram Panchayat, Alot. 2. The facts of the case reveal that on 27-1-2011, a community marriage function was organised by Gram Panchayat, Kamariya under the scheme Mukhyamantri Kanyadan Yojna, launched by State Government, whereunder marriages are solemnized and some ornaments and house hold articles are gifted to the newly wedded couples. On an application submitted by Secretary and Sarpanch of Gram Panchayat Khamariya on 4-2-2011, an amount of Rs. 4.50 lakhs was sanctioned by the petitioner in the capacity of C.E.O., Janpad Panchayat, Alot, District Ratlam and in this regard a cheque for Rs. 4.50 lakhs was issued. Thereafter, on 8-2-2011, on another application submitted by Secretary of Gram Panchayat, Khamariya, a cheque for Rs. 47,440/- was issued by the petitioner to meet the expenses of the program with regard to tent, mike, printing etc. 3. The ornaments to be gifted to the married couples were purchased by Gram Panchayat, Khamariya from one Mukesh Gadiya of Nakoda Metals. The S.D.O., Revenue, Alot directed Mukesh Gadiya to deposit the ornaments with the Janapad Panchayat for verification by jewelers. On verification, it was revealed that the ornaments were not of genuine quality. In this regard on 15-3-2011 the petitioner submitted a written complaint to S.H.O., Police Station, Alot, District Ratlam, requesting him to register a F.I.R against Mukesh Gadiya of Nakoda Metals for supplying artificial ornaments to Gram Panchayat, Khamariya. On the basis of this complaint F.I.R bearing crime No. 77/2011 for offence under section 420 of Indian Penal Code, was registered against Mukesh Gadiya. 4. On the basis of this complaint F.I.R bearing crime No. 77/2011 for offence under section 420 of Indian Penal Code, was registered against Mukesh Gadiya. 4. It further transpires that during trial, at a very belated stage, prosecution moved an application sometimes in November, 2016 praying for arraying the petitioner and two other persons namely Bheru Singh the then Sarpanch and Vinod Marata, the then Secretary as accused in the case, on the ground that they were involved in issuance of tender notice and grant of supply order to the contractor, who did not comply with the relevant rules and regulations, leading to loss to Government money. 5. The learned Magistrate, vide the impugned order, allowed the application holding that the entire responsibility with regard to the conduction of marriage ceremony was that of the C.E.O, Janpad Panchayat, Alot and Sarpanch/Secretary Gram Panchayat Khamariya, therefore, they are equally liable to be proceeded against with regard to offence under section 420 of Indian Penal Code. 6. It is submitted by the learned counsel for the petitioner, that the petitioner was not an organiser of the marriage ceremony because the same was organised by Gram Panchayat Khamariya. It is further submitted that the petitioner only issued cheque for making various arrangements of the marriage ceremony including procurement of gifts etc., and that when it came to his knowledge that Mukesh Gadiya of Nakoda Metals has supplied artificial ornaments in the name of real ornaments, then he immediately made a written complaint on 15-3-2011 in this regard to police. The contention is that the order passed by the learned Magistrate is, prima-facie, illegal and contrary to the facts and circumstances of the case and liable to be set aside, because, by no stretch of imagination, it can be said that the petitioner was involved in the offence of cheating. 7. Per contra, learned Public Prosecutor has supported the order passed by the learned Magistrate and has stated that no fault can be found with the impugned order, therefore, the petition is liable to be dismissed. 8. Heard the learned counsel for the parties and perused the record. 9. It is not a matter of dispute that group marriage ceremony was being organised by Gram Panchayat, Khamariya under Mukhyamantri Kanyadan Yojna,. 8. Heard the learned counsel for the parties and perused the record. 9. It is not a matter of dispute that group marriage ceremony was being organised by Gram Panchayat, Khamariya under Mukhyamantri Kanyadan Yojna,. It further transpires that Sarpanch and Secretary of the Gram Panchayat were primarily liable to make all the arrangements with regard to marriage function. The petitioner in the capacity of C.E.O, Janpad Panchayat, Alot, simply granted funds; for making arrangements. It further transpires that at moment it came to the notice of the petitioner, that fake/artificial ornaments have been supplied by Mukesh Gadiya of Nakoda Metals, he immediately sprung into action and lodged a complaint in this regard with the police. On the basis of which criminal case was registered against Mukesh Gadiya. 10. In the aforesaid set of circumstances, it cannot be said, even, prima-facie, that the petitioner was involved with Mukesh Gadiya in commission of offence under section 420 of Indian Penal Code. The learned trial Court, without properly adverting and appreciating the facts and circumstances, has passed the impugned order in a mechanical manner, even without considering that the case is pending since 2011. 11. The impugned order in the considered opinion of this Court, is contrary to the factual and legal aspects of the case, therefore, the same cannot be sustained. Accordingly, this petition is hereby allowed and the impugned order dated 6-2-2017, to the extent it pertains to the petitioner Hemendra Singh is hereby quashed. Certified copy as per rules.