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1990 Supreme(AP) 432

V.BHASKARA RAO
Polavarapu Jagadiswararao – Appellant
Versus
Kondapaturi Venkateswarlu – Respondent


V. BHASKARA RAO, J.

( 1 ) THIS is a petition filed to quash the proceedings in C. C. No. 6 of 1989 on the file of the 2nd Addl. Munsif Magistrate, Chirala.

( 2 ) THE brief facts of the case are: The petitioner herein worked as a principal of the V. R. S. and Y. R. N. College, Chirala during 1966 to 31-3-89. The respondent-complainant is working as au. D. C. (Upper Division Clerk) in the same college. He filed a complaint under Sections 406 and 408 I. P. C. , against the petitioner in the Court below alleging that the respondent misappropriated funds of the college running to about Rs. 9,71,101/- during the period he worked in the College as the Principal.

( 3 ) THE main contention of Mr. S. Venkata Reddy, the learned counsel for the petitioner, is that the complainant has no locus standi to file the complaint since he is not the aggrieved party and that if at all it is for the management of the College or the Government to launch any prosecution against the petitioner.

( 4 ) TO deal with this contention it is first necessary to make a reference to the relevant provisions in Chapter XV of the Code of Criminal Procedure providing for filing of complaints and the procedure to be adopte







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