( 1 ) JUDGMENT of the Bench Delivered by the Hont> le Shri Justice S. R. Nayak) the petitioner while working as Assistant Market Supervisor in the Office of the Agricultural Market Committee, Repalle, Guntur District, filed this Writ petition on 10-2-1991. He has sought for a writ in the nature of Writ of mandamus declaring that the Respondents 1 and 2, viz. , Director of Marketing, government of Andhra Pradesh and Dy. Director of Marketing, Old Mirchi yard, Guntur, respectively, have no authority to direct prosecution of the petitioner, and equally the third respondent viz. , the Station House Officer, repalle, has no power to register Crime No. 13 of 1992 against the petitioner under Section 409, I. P. C.

( 2 ) THE facts leading to the filing of this writ petition be stated briefly asunder: According to the 1st respondent, the petitioner while working as assistant Market Supervisor, Agricultural Market Committee, Repalle, defalcated the Market Committee funds to the tune of Rs. 11. 00 lakhs; the petitioner collected the above amount from the traders towards market fee and did not remit it to the credit of the Market Committee accounts; besides the above defalcation