ORDER :

1. Seeking to have the proceedings in Cr. No. 188 of 2004 of Samarlakota Police Station, East Godavari District quashed, the State Bank of India, Central office, Mumbai represented by its Chairman and the State Bank of India, Samarlakota branch represented by its Manager, (Accused 1 and 2 in Cr. No. 188 of 2004), have filed Criminal Petition No. 5480 of 2004.

2. Seeking to have the same proceedings in Cr. No. 188 of 2004 of Samarlakota police Station, East Godavari District quashed, Sri G. Rama Krishna Rao, Branch Manager, State Bank of India, Draksharamam branch, East Godavari District and Sri H. Maitesh, Chief Manager (CR), State Bank of India, Balanagar branch, Hyderabad, (Accused No. 3 and 4 in Cr. No. 188 of 2004), have filed Crl.P. No. 1333 of 2005. Since the proceedings in Cr. No. 188 of 2004 of Samarlakota police station are sought to be quashed in both the criminal petitions, they were heard together and are now being disposed of by a common order. The complaint filed, against Accused Nos. 1 to 4 in Cr. No. 188 of 2004, is for offences under Sections 409, 467, 471 and 511 IPC.

3. The allegations, in the complaint filed in Cr. No. 188 of 2004, are that the 2nd respondent-complainant's father Sri M. Satyanarayanamurthy, owned 1.92 Acres of house site at Samarlakota and a building situated thereon. He mortgaged this property with State Bank of India, Samarlakota branch, by deposit of title deeds, as security for a loan granted in favour of M/s. Pragathi Enterprises, Samarlakota, a registered firm of which the respondent-complainant was the Managing partner and his relatives, the other partners. Late Sri Malreddy Satyanarayana Murthy, who stood as guarantor and had also deposited certain other title deeds with the Samarlakota branch of State Bank of India, as security for the loan granted to M/s Pragathi Enterprises, agreed to sell the land and building at Samarlakota to State Bank of India, Samarlakota branch towards discharge of the loan. While negotiations for the sale concluded on 27-9-1985 itself the Samarlakota branch unduly delayed obtaining the registered sale deed till 28-6-1988. While rent of Rs. 2,000/- per month was being paid prior to 27-9-1985, it was subsequently enhanced to Rs. 7,800/- per month. The undue delay, on the part of State Bank of India, Samarlakota branch, in obtaining the registered sale deed, while keeping the documents of title of the property with them under equitable mortgage, resulted in O.S. No. 189 of 1991 being filed, by late Sri Malreddy Satyanarayana Murthy and his sons against the accused, before the II Additional Senior Civil Judge, Kakinada for recovery of Rs. 3,76,025-32 ps towards damages. Consequent to the sale of the building and its appurtenant site, by registered sale deed dated 28-6-1988, the balance amount outstanding, on the loan repayable by M/s Pragathi Enterprises to State Bank of India, Samarlakota branch, stood fully discharged and since the property sold was only a part of the mortgaged properties, owned by late Sri M.S.N. Murthy and his sons including the complainant, they requested the bank to record redemption of the equitable mortgage and to return the documents of title which were deposited at the time of obtaining the loan. They also requested that the certificate of release of security, with regards the remaining property, be issued. Even during negotiations, of the sale of the building, State Bank of India had agreed to release the security over the remaining property, to deliver the documents pledged with them and the recitals in this regard were reflected in the sale deed dated 28-6-1988. Despite repeated requests, the original documents were not returned and, on the other hand, the Samarlakota Branch of State Bank of India collected more amounts from M/s. Pragathi Enterprises than what was actually due from them. This resulted in O.S. No. 165 of 1991 being filed, by Sri M. Satyanarayana Murthy, before the II Additional Senior Civil Judge, Kakinada fo