Interim Order 3

Order Details: COPY OF ORDER
Pdf Text: 12 Ct. Cases / 800/2025
DR DURGA PRASAD RAY Vs. DR BK VASHISTH
PS Maurice Nagar
18.12.2025
Present : Ld. Counsel Sh. Nitesh Tyagi for complainant.
Ld. Counsel Sh. Sachin Sharma for proposed accused with proposed
accused.
Submissions of both the parties heard today. It is submitted by Ld. Counsel
for complainant that accused persons have opened various bogus accounts and the
subsidy and benefits meant for the TB patients have been embezzled and the aforesaid
bank accounts have been opened by givingh the personal PAN cards of various doctors
and MCD employees.
It is further submitted that there is a complete violation of PFMS rules and
the amount of fraud is in thousands of crores. It is submitted that the reply filed by the
state programme officer is not a valid reply as per section 175(4) BNSS. It is further
submitted that even the today’s Times of India newspaper carries the news of aforesaid
scam on the front page and that police investigation is necessary.
Arguments heard from proposed accused as well in terms of section 175(4)
(b) BNSS.
It is submitted that the aforesaid DBT programme is under Nikshay Poshan
Yozna and the same is monitored by Central Government. It is further submitted that the
bank accounts are opened as per the SOP/guidelines of DBT which are made by the
government on the Nishay Poshan Yozna. It is further submitted that the embezzlement
as alleged by the complainant is imaginary as the accounts which are opened for DBT
are enrolled with three signatories and signatures of CMO and Incharge DTO Chest
Clinic are mandatory. It is futher submitted that the payments to the DBT patients are
made stricitly as per the guitdelines and that the complainant himself has been removed
from his post. It is submitted that he has made false and fabricated allegations in order to
tarnish the reputation of the proposed accused persons and to cause mental harassment
to the proposed accused persons. It is submitted that the complainant has been filing
multiple applications before the multiple forums without any basis and without
substantiating any evidence of finacial irregularities.
Heard. Perused. Considered.
Section 175 (4) BNS has been enacted so as to prevent the unnecessary
harassment of the public servants. However, at the same time, the power of the court to
direct investigation has not been taken away. The aforesaid section provides the
safeguard to the public persons. I have received the report in compliance with the said
section and I have also considered the assertions made by the concerend public persons.
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After going through the entire material on record, I am of the view that
there is a necessity of police investigation as the present matter involves misuse of
public funds at a large scale. Complainant can not collect all the evidence and the
identity of accused persons is not clear. The large scale embezzlement requires swift and
efficient police investigation. The report containing facts and circumstances received on
behalf of Secretary (H & FW) is not sufficient to convince the court as to non
requirement of police investigation. Rather than reporting that police investigation is not
warranted in the present matter, the report filed under section 175(4)a BNSS describes
the complainant as habitual litigant. However, no detail of any litigation has been given
in the report. It is further mentioned in the report that there is a conspiracy to scuttle
NTEP, however, it is not forthcoming as to who has entered into such conspiracy.
Misappropriation of public funds and the wrongful loss to the government
can not be viewed lightly. Opening of 25 bank accountsillegally for misusing the public
funds attracts a cognizable offences.
Accordingly, in terms of 175(4) BNSS, I direct investigation into the
present matter.
Let a copy of this complaint be sent to SHO PS (Maurice Nagar) for
investigation and a competent and senior official not below the Rank of Inspector be
appointed to investigate the present matter.
Put up for further report on 27.03.2026.
(Karanbir Singh)
JMFC-02, Central District
Tis Hazari Courts/ 18.12.2025
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