Hardik aide, Congress MLA from Patan, Kirit Patel booked for cheating through forgery and criminal breach of trust by public servant

Patan: ‘B’ division police of Patan town in North Gujarat has booked Hardik Patel aide and Congress MLA Kirit Patel under IPC section 409, 467 and 468 on complaint received by Babulal Prajapati, Vice Chancellor of North Gujarat University over Rs. 1 to 1.50 crore embezzlement by MLA Kirit Patel.

The Vice Chancellor in his complaint said, two applications pertaining to financial fraud allegations against Kirit Patel were received by University. Primary investigation suggested there was truth in these complains.

‘Patan resident Pankaj Bachubhai Velani had in his 15th September application to Vice Chancellor had alleged that when Kirit Patel was MSW college’s incharge principal he had made recruitment during 2012-2016, the accounts of which were not presented before the University and huge sum was embezzled through fake documents.’

‘Another application was sent to Vice Chancellor by university senate member Manoj Khodidas Patel on 19th September, in which he said, the university conducts joint interviews every year for staff recruitment in self finance colleges across Patan, Mahesana, Banaskantha, Sabarkantha and Arvalli districts, through which university earns huge income. During 2012-January 2017 period, MSW college had asked for approval to hold interview which was granted. The accounts of revenue and expenditure for such interviews were not presented by MSW college or North Gujarat Education Society before the university, and large scale financial irregularities were done’.

The Vice Chancellor in his complaint before police further said, ‘when initial probe was held, the allegations were found correct, and related report was put before university’s executive committee meeting on 2nd November. As on prima facie, the allegations of lakhs of Rupees of irregularity by Kirit Chiman Patel were found true, Kirit Patel was given notice for his reply, but he didn’t make any clarification in response.’

When university sought details from self finance colleges, 193 colleges sent details and revealed that they had paid Rs. 82,31,584 cash to MSW college’s incharge principal Kirit Patel. More than 250 colleges had participated in self finance college recruitment during 2012-January 2017. Of those, details of money paid by only 193 colleges have been collected. Rest of the colleges have not shared details yet, the Vice Chancellor said in his complaint.

University had on 22nd September, sought year-wise list of colleges that participated in the interviews, the sum they paid, interview ad costs, related bills, vouchers, receipts of money paid to those who conducted interviews, administrative staff, audit report, bank account details, pass book, letters, resolutions etc evidences. In response to this, MSW college had in its 29th September letter replied that details sought by university were not on record as the post of principal was taken over by Bharatbhai Motibhai on 1st January 2018 while interview procedure was conducted by ex incharge principal Kirit Patel, complaint copy reads.

Vice Chancellor in complaint said, nine colleges functioning under university shared details of money paid(to Kirit Patel as incharge principal) but Kirit Patel didn’t share account of same with MSW college or university. Also, savings were not deposited in MSW college or university. Though there’s established tradition of receiving money from colleges for interview through cheque, Kirit Patel received money in cash, made false receipts and didn’t deposit money in university’s treasury. By doing this he committed fraud and cheating with university. He also committed serious crime by faking Jamingiri documents….

…..Kirit Patel is professor in Sheth MN Law College(granted) and therefore he is university and government approved professor. He is Rajya Sevak (govt. staffer). It was he who had sought approval of university for conducting interview. It was his duty to keep record of interview/recruitment, keep account of revenue and expenditure, audit of accounts, and deposit the money in university treasury…..

….In a recent press conference held at old circuit house(Video CD of which is attached with complaint), Kirit Patel was seen as saying, ‘I have a file of accounts, and whoever wants to see it, can come and see it’. Kirit Patel was sitting with files. He is no incharge principal of MSW college now. He can not keep government record in his possession. He has kept record with him and committed serious crime of concealing his financial scam…..

The Vice Chancellor had estimated the size of fraud committed by MLA Kirit Patel in range of one to one and half crore.

Kirit Patel is one of Hardik Patel aides who got ticket to contest assembly general elections last year from Hardik supported Congress party. Kirit was convener of Patan for Hardik’s PAAS organization till the time he got Congress ticket.

Section 409 in The Indian Penal Code

409. Criminal breach of trust by public servant, or by banker, merchant or agent.—Whoever, being in any manner entrusted with property, or with any dominion over property in his capacity of a public servant or in the way of his business as a banker, mer­chant, factor, broker, attorney or agent, commits criminal breach of trust in respect of that property, shall be punished with 1[imprisonment for life], or with imprisonment of either descrip­tion for a term which may extend to ten years, and shall also be liable to fine.

Section 467 in The Indian Penal Code

467. Forgery of valuable security, will, etc.—Whoever forges a document which purports to be a valuable security or a will, or an authority to adopt a son, or which purports to give authority to any person to make or transfer any valuable security, or to receive the principal, interest or dividends thereon, or to receive or deliver any money, movable property, or valuable security, or any document purporting to be an acquittance or receipt acknowledging the payment of money, or an acquittance or receipt for the delivery of any movable property or valuable security, shall be punished with 1[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.


Section 468 in The Indian Penal Code

468. Forgery for purpose of cheating.—Whoever commits forgery, intending that the 1[document or electronic record forged] shall be used for the purpose of cheating, shall be punished with imprisonment of either de­scription for a term which may extend to seven years, and shall also be liable to fine.

DeshGujarat