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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Cheekati Manavendranath Roy, J.
Tanuja Potluri Sritanuja N. – Appellant
Versus
The State of Andhra Pradesh and Ors. – Respondents
Criminal Petition Nos. 4294 and 4295 of 2021
Decided On : 02-09-2021
Constitution of India, 1950 - Article 165 – Criminal Procedure code, 1973 - Section 482 - Prevention of Corruption Act, 1988 - Sections 13(1)(d)(ii) r/w. 13(2) – Indian Penal code, 1860 - Sections 406, 409, 420 r/w. 120-B - Andhra Pradesh Capital Region Development Authority Act, 2014 - Seeking quash of F.I.R. - On grounds that they hail from a respectable family and they have been falsely implicated in this case with ulterior motive to tarnish their image and image of their family members - Advocate-General, in prior criminal conspiracy with his family members, friends and other individuals, organized to purchase lands by abusing his position as public servant - Said lands were purchased to gain pecuniary benefits to himself and other persons known to him and related to him and committed an act of criminal misconduct - He has also committed breach of trust as a public servant in prior conspiracy -Innocent farmers who had no knowledge of location of capital at their lands sold property for a paltry sale consideration and they were cheated - Whether A-1 during his tenure as Additional Advocate General was actually involved in any decision making process relating to location and establishment of capital city and in process of preparing draft bill for bringing enactment into force or not – Held, A-1 while holding office of an Additional Advocate-General has no authority to discharge any constitutional or statutory duties and functions and he has no role to play in decision making process in locating area where capital is to be established and in bringing into force A.P. C.R.D.A. Act, 2014 - Question of A-1 disclosing said information to petitioners or to any other accused and that petitioners purchasing lands from owners on basis of said information does not arise - As they purchased lands in exercise of their constitutional right and legal right and acquired property from owners/sellers of lands, who willingly and voluntarily sold same to petitioners for valid sale consideration under registered sale deeds, said private sale transactions cannot be criminalized and no criminal liability can be attributed to petitioners to prosecute them for any such offences under Sections 420 r/w. 120-B of IPC or under Section 409 of IPC - There is no dishonest concealment of fact in respect of sale transaction in question as contemplated under Explanation appended to Section 415 IPC - So, it does not amount to any deception constituting an offence under Section 420 of IPC - Criminal Petitions allowed.
Case Details: Criminal Petitions Nos. 4294 and 4295 of 2021 filed under Section 482 Cr.P.C. seeking quashment of FIR in Crime No. 08/RCO-ACB-GNT/2020 for offences under Sections 13(1)(d)(ii) r/w. 13(2) of Prevention of Corruption Act and Sections 409, 420 r/w. 120-B IPC. Petitioners are A-10 (Crl.P.4294/2021), and A-8 & A-11 (Crl.P.4295/2021). [2000541030001][2000541030002]
FIR Basis: FIR registered on 15.09.2020 based on report by de facto complainant (stranger to transactions) alleging insider trading in lands in Amaravati capital area during June-December 2014, involving A-1 (former Additional Advocate General) sharing confidential capital location info with associates, including petitioners. [2000541030002][2000541030003][2000541030009][2000541030010]
Petitioners' Purchases: Petitioners bought small land extents in July/August 2015 via registered sale deeds for valid consideration, post official notification of capital on 30.12.2014; no prior purchases by them in 2014; no nexus alleged with A-1. [2000541030011][2000541030017][2000541030073]
Role of Additional Advocate General: A-1 (Additional A.G. from 30.06.2014 to 28.05.2016) had no constitutional/statutory duties under Article 165; role limited to court appearances, no involvement in policy/decision-making on capital location or AP CRDA Act, 2014; not privy to confidential info. [2000541030031][2000541030036][2000541030037][2000541030044][2000541030045]
No Insider Information: Capital location (between Krishna-Guntur Districts by Krishna River) public from June 2014 via CM announcements and newspapers; official via AP CRDA Act gazette on 30.12.2014; no secret info shared by A-1. [2000541030017][2000541030026][2000541030077][2000541030078][2000541030080]
Right to Property: Purchases by private individuals exercising constitutional/legal right to acquire property under registered deeds from willing sellers; cannot be criminalized. (!) [2000541030050][2000541030053]
Insider Trading Inapplicable: Concept relates to securities/stock market under specific laws; alien to IPC, cannot apply to private land sales. (!) [2000541030054][2000541030055][2000541030056]
No Cheating (S.420 IPC): No false representation, deception, dishonest/fraudulent inducement, or harm/loss to sellers; buyers no duty to disclose public info/latent advantages; explanation to S.415 (dishonest concealment) inapplicable. (!) [2000541030058][2000541030059][2000541030060][2000541030071][2000541030073]
No Criminal Conspiracy (S.120-B IPC): No agreement for illegal act/offence; no underlying offence, hence no conspiracy. [2000541030082][2000541030084][2000541030085]
No PC Act Offence Against Petitioners: Dependent on non-existent conspiracy/cheating; A-1's FIR already quashed. [2000541030087]
Procedural Issues: Delay (6 years); stranger complainant; vague allegations based on hearsay/rumours; prior similar cases quashed. [2000541030011][2000541030027][2000541030047][2000541030095]
Abuse of Process: FIR on conjecture/surmise; malicious prosecution to tarnish reputation; quashment warranted to prevent injustice. [2000541030047][2000541030090][2000541030093][2000541030096]
Outcome: Petitions allowed; FIR quashed against petitioners; liberty to claim damages; warning against false cases on land buys near capital. [2000541030102][2000541030103] (!) [2000541030101]
ORDER :
Cheekati Manavendranath Roy, J.
1. These two Criminal Petitions under Section 482 Cr.P.C. are filed seeking quash of the F.I.R. registered against the petitioners in Crime No. 08/RCO-ACB-GNT/2020 of A.C.B. Police Station, Guntur, for the offences punishable under Sections 13(1)(d)(ii) r/w. 13(2) of the Prevention of Corruption Act, 1988 (for short, the "P.C. Act") and under Sections 409, 420 r/w. 120-B of IPC.
2. The petitioner in Crl. P. No. 4294 of 2021 is A-10 and the petitioners in Crl. P. No. 4295 of 2021 are A-8 and A-11 in the above crime. Therefore, both the petitions were heard together and they are being disposed of by this common order.
3. A person by name Komatla Srinivasa Swamy Reddy, who is totally a stranger to the private sale transactions in question relating to private lands that took place between the petitioners and their vendors, lodged a report with the D.G., ACB, A.P., Vijayawada, on 07.09.2021.
4. The gist of the allegations set out in the said report germane for disposal of these Criminal Petitions may be stated as follows:
(b) It is stated that in the advocates circle also it is openly proclaimed that Mr. Dammalapati Srinivas is close to the then Chief Minister Sri N. Chandrababu Naidu and his associates in the Telugu Desam Party. Mr. Dammalapati Srinivas was appointed as an Additional Advocate-General as per G.O., dated 19.06.2014 and later he was appointed as Advocate-General as per G.O., dated 28.05.2016. Further stated that between June, 2014 and December, 2014 there were rumours and leaks about the location of the capital. The exact location of capital at Amaravati and the details of villages within its limits were known to very few people in the Government headed by Sri N. Chandrababu Naidu. The document with the list of villages included in the capital area was published in official draft only in the month of December, 2014. It was placed before the Council of Ministers in the last week of December, 2014, after the Bill of Capital Region Development Authority was prepared. The Council of Ministers approved the same in the last week of December, 2014. Till then, all the details relating to location of capital was kept secret.
(c) However, people who are close to top political leaders in the Telugu Desam Party and their binamis bought huge extent of lands at low price during the period from June, 2014 to December, 2014 by exploiting the information that they had regarding location of the capital. Thus, there was insider trading, breach of trust and abuse of official position by those people including the former Additional Advocate-General.
(d) Therefore, it is stated in the report that he searched in the internet and the official website of Registration and Stamps Department, Governm
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