I.A. Ansari, J.

1. With the help of this application, made under Section 482 Cr.PC., the petitioners, who are accused in CR Case No. 223/2004, have sought for setting aside and quashing of not only the complaint, in question, which has given rise to the complaint case aforementioned, but also the order, dated 20.8.2004, passed by the learned Judicial Magistrate, First Class, Hailakandi, whereby summons have been directed to be issued to the petitioners as accused. I have heard Mr. P.K. Deka, learned counsel, for the accused petitioners, and Mr. K.A. Mazumdar, learned Addl. Public Prosecutor, Assam.

2. Before coming to the merit of this revision, it needs to be noted that the case of the complainant is, in brief, thus: The Central Government allotted money to various districts, including the district of Hailakandi, under a scheme known as SGRY and, in terms of the said scheme, accused No. 1, who is a member of the Anchalik Panchayat, and accused No. 2, who is a Junior Engineer, had the duty to utilize the amount, so sanctioned, during the financial year 2003-2004, upon getting the scheme approved by appropriate authority. However, without spending the money, in terms of the sa