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2024 Supreme(Online)(KAR) 9242

HIGH COURT OF KARNATAKA
MR JUSTICE HEMANT CHANDANGOUDAR, J
GANGAPPA GOWDA – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
SRI. MANJUNATH B R.

ORDER

The petitioners are sought to be prosecuted for the offence punishable under Sections 408 and 409 read with Section 34 of IPC.

2. The case of the prosecution is that, the petitioners when working as Assistant Executive Engineer, Assistant Engineer, Junior Engineer and Accounts Assistant in the office of the Zilla Panchayath, Hassan, misappropriated the funds granted towards execution of MGNAREGA Scheme.

3. The learned Magistrate after accepting the charge sheet took cognizance of the aforesaid offences and issued summons.

4. Heard the learned counsel for the petitioners and learned HCGP for the respondent-State.

CRL.P No. 253 of 2024 CRL.P No. 1064 of 2024 CRL.P No. 1079 of 2024

5. Accused No.7 had challenged the very impugned proceedings before this Court in Crl.P.No.5594/2019 and this Court by order dated 04.07.2022 quashed the impugned proceedings insofar as accused No./7 by making the following observations:

    "7.
    The Hon'ble Apex Court in the case of D. Devaraja vs Owais Sabeer Hussain stated supra at paragraph-71 has held that, if the act alleged in a complaint purported to be filed against the policeman is reasonably connected to discharge of some official duty, cognizance the

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