HAMPAMMA Vs. STATE

JUDGEMENT

(1.) The petitioners have filed this petition under Sec. 482 of Cr.P.C., praying to quash entire proceedings in C.C. No.254/2020 for the offences punishable under Ss. 409, 420 and 201 of IPC in Crime No.266/2017 of Lingasugur Police Station, Raichur District pending on the file of the Principal Civil Judge (J.M.F.C.), Lingasugur.

(2.) The brief facts of the prosecution case are as under: The complainant Sri Babu Rathod, Executive Officer, Taluk Panchayat lodged a complaint alleging that the accused persons have misappropriated funds sanctioned in respect of 'Swatch Bharath Mission Project' for construction of toilets within the limits of Honnalli, Gudadanal and Yaradona Villages, which come within Honnalli Gram Panchayat during the period between 1/7/2016 to 17/5/2017 and the Government sanctioned in all 779 toilets, but the accused persons without constructing 531 toilets misappropriated the sum of Rs.68.19 lakhs and caused loss to the Government.

(3.) It is contended by the petitioners that respondent No.2 without conducting appropriate enquiry of PDO and other members of the Gram Panchayat and without conducting proper investigation has filed false charge-sheet against these petitioners. It is further contended that the petitioners have no knowledge with regard to deposit of amount into their accounts which was reserved for construction of toilets. Respondent No.2 in collusion with the PDO and other Gram Panchayat Members have created a false case. Hence, prayed for quashing of the criminal proceedings.