K.N. Phaneendra, J. - (1.) THE petitioners have approached this Court seeking quashing of the entire proceedings in C.C. No. 183/2014 pending on the file of JMFC Lingasugur, wherein the learned Magistrate has taken cognizance and issued summons to the petitioner and others for their appearance to answer the charges under Sections 420, 406, 409 r/w Section 149 of IPC.
(2.) I have heard the arguments of the learned counsel for the petitioners and also the learned HCGP for State. I have carefully perused the records. One Mr. B.B. Kulkarni, Executive Officer, Taluk Panchayat, Lingasugur, lodged first information report before the Lingasugur Police making allegations that he has been working as Executive Officer since 06.10.2009. Hatti village falls within the jurisdiction of Lingasugur Taluk Panchayat. It is alleged that accused persons who are shown in the first information report including the present petitioners alleged to have discharged their duties as Secretaries and Chairman of the said Gram Panchayat of Hatti. It is also alleged that without following certain rules, they have misappropriated the funds allotted to the said panchayat and for the purpose of wrongful gain, they have utilized the said funds for themselves. Giving details of the year, names of the Secretaries and Chairman, name of the scheme and the amount which was misappropriated, he requested the police to take appropriate action.
(3.) THE police on the basis of the said First Information Report registered a case in Crime No. 6/2010 and submitted the FIR to the Court and began the investigation. After thorough investigation, the police have submitted "B" summary report. The learned Magistrate was not satisfied with regard to the mode of investigation done by the investigating agency and found sufficient materials to proceed against the accused. Therefore, learned Magistrate quashed the "B" Summary report and taken cognizance on the "B" Report and issued summons against the petitioners, which order is challenged before this Court as illegal.;