ISHAWARAMMA Vs. RAJENDRA

JUDGEMENT

(1.) This petition is filed under Sec. 482 of Cr.P.C. by the petitioners for quashing the proceedings initiated in C.C.No.593/2017 arising out of Crime No.24/2013 of Janawada police station, Bidar, pending on the file of the learned I Additional Civil Judge and JMFC-II, Bidar (for short 'Trial Court').

(2.) Heard the learned counsel for the petitioners and the learned counsel for the respondents. Perused the records.

(3.) The learned counsel for the petitioners would contend that the allegations of misappropriation are made, but, in fact the amount was not paid directly or handled directly and it was credited to the account of the beneficiaries. It is further submitted that the petitioners have no control over the management of the Mahatma Gandhi National Rural Employment Guarantee (for short 'MGNREGA') Scheme and the petitioners are simply monitoring on the basis of the report submitted by the mestri and certified by the engineers. Hence, it is submitted that the question of misappropriation does not arise at all and there is bar under Sec. 29 of the MGNREGA Act to prosecute when act is done in good faith. It is also asserted that in the departmental enquiry, petitioner No.2 is already convicted and question of again prosecuting on same set of facts amounts to double jeopardy and hence, it is prayed for quashment of the proceedings.