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2022 Supreme(Online)(Kar) 36162

SMT. KUSUMA – Appellant
Versus
THE STATE OF KARNATAKA – Respondent


The petitioner is before this Court calling in question the

proceedings in C.C.No.630 of 2016 pending before the Civil

Judge and JMFC, Arkalgud registered for offences punishable

under Sections 408, 409 read with Section 34 of the IPC.

Sans details, facts in brief, are as follows:-

The 2nd respondent/Chief Executive Officer of Hassan Zilla

Panchayat is the complainant. The complaint is against the

petitioner who at the relevant point of time was working as

3

President of Kathimallenahalli Village Panchayat. The allegation

is that during the tenure of the petitioner along with others had

misappropriated funds that were to be distributed as salary to

the employees/persons who had been engaged under the

Mahatma Gandhi National Rural Employment Guarantee

Scheme

(8the

Scheme9

for

short).

This

allegation

of

misappropriation leads to registration of FIR against several

people. The petitioner was neither named in the complaint nor in

the FIR. It was a general allegation made by the Chief Executive

Officer of the Zilla Panchayat.

3.

Based on registration of the FIR, the police filed a

final report/charge sheet. It is here the name of the petitioner

figures as accused No.5. The summary o

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