An officer of the Taluk Panchayat in Lingasugur, Raichur district, had filed a complaint alleging seven people had misappropriated funds for the construction of toilets in three villages between 2016 and 2017. Out of a sanctioned 779 toilets, 531 toilets were left undone leading to a loss of Rs 68 lakh to the exchequer
An officer of the Taluk Panchayat in Lingasugur, Raichur district, had filed a complaint alleging seven people had misappropriated funds for the construction of toilets in three villages between 2016 and 2017. Out of a sanctioned 779 toilets, 531 toilets were left undone leading to a loss of Rs 68 lakh to the exchequer.
The seven accused, who are petitioners in this case, argued that a false chargesheet had been filed without conducting a proper inquiry at the gram panchayat level or a proper investigation. They also argued they had no knowledge of the deposit into their account.
Noting that the bench could not adjudicate a question of fact, it was pointed out that under a precedent of the Supreme Court, disputes under section 482 of the Criminal Procedural Code cannot be adjudicated before the High Court.
The bench observed, “Whether there was any dishonest intention, criminal breach of contract or cheating, etc., at the inception of the sanction accorded by the Government and misappropriation of funds by the petitioners, these factual aspects have to be probed by the Investigating Officer”.
“If the complaint prima facie discloses the cognizable offense and the once cognizable offense is found in the allegation made in the complaint, the investigating officer has to probe the matter and establish the same under the law and if the investigating officer files a charge sheet before the jurisdictional Court, the matter requires full-fledged trial,” added the bench. Thereafter, the bench dismissed the petition.
Source-The Indian Express
#Karnataka#High Court#Swachh Bharat Abhiyan
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