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2023 Supreme(AP) 422

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
R. RAGHUNANDAN RAO, J.
Gujjala Sumalatha – Petitioner
Versus
The State of Andhra Pradesh - Respondent
Crl. P. Nos. 6568, 6569 and 9258 of 2022
Decided On : 17-03-2023

Advocates Appeared:
For the Petitioner: N. Ashwani Kumar.
For the Respondent: Y. L. Sivakalpana Reddy.

Headnote:

Indian Penal Code, 1860 - Sections 406, 408, 409, 420, 465, 468, 120-B, 34, 109 -Prevention of Corruption Act, 1988 - Section 13(1)(c) - A.P. Cooperative Societies Act, 1964 - Sections 79(1)(a), 79(1)(f), 79(2), 79A(1)(b), 79A(1)(c) read with Sections 79A(2), 79(1)(h), 79(3)(1) - Demand and acceptance of bribe - Notice, under challenge, related to irregularities, which would fall within the ambit of Section 79A of the Act, and the investigation would not be within the jurisdiction of the power of the ACB - Held, It must be held that sanction of prosecution granted by Government under G.O.Ms. is a valid sanction granted under Section 83(3) of Act - Question of whether offences, which are sought to be made out against petitioners would have to be treated as offences falling only under Section 79A of Act or whether some of offences would fall even under provisions of Indian Penal Code or under Prevention of Corruption Act, are questions of fact, which would require a trial before any conclusion can be drawn in this regard - Criminal petitions dismissed.

ORDER :

1. Crl.P.No. 6568 of 2022 has been filed by accused Nos. 2,3,12 and 26, Crl.P.No.6569 of 2022 has been filed by accused No.1 and Crl.P.No.9258 of 2022 has been filed by accused Nos.4, 8 and 10 in C.C.No.9 of 2022 on the file of the Special Judge for ACB Cases, Kurnool, for quashing the same. The offences set out in the charge sheet against these petitioners are Sections 406, 408, 409, 420, 465, 468, 120-B read with Section 34 and 109 IPC and Sections 79(1)(a), 79(1)(f), read with Sections 79(2), 79A(1)(b), 79A(1)(c) read with Sections 79A(2) and 79(1)(h) read with Sections 79(3)(1) of the A.P. Cooperative Societies Act, 1964 (hereinafter referred to as ‘the Act’; and Section 13(1)(c) of the Prevention of Corruption Act, 1988.

2. As all the criminal petitions arise out of the same facts and raise similar issues, they are being disposed of by way of this common order.

3. Heard Sri Siddarth Luthra, learned Senior Counsel appearing for Sri N. Ashwani Kumar, learned counsel for the petitioners in Crl.P.No.6568 and 6569 of 2022; Sri D.V.Sitharam Murthy, learned Senior Counsel appearing for Sri N. Ashwani Kumar, learned counsel for the petitioners in Crl.P.No.9258 of 2022; and Smt. Y.L. Siva Kalpana Reddy, learned Special Public Prosecutor appearing for the State.

4. The 1st accused in C.C.No.9 of 2022 (hereinafter referred to as the petitioner) was initially appointed as the President of Dayankhanpalli Handloom Weavers Co-Operative Society Ltd., situated in Khajipeta Mandal, Kadapa District, (hereinafter referred to as ‘the society’), for the years 2005-2006 and 2007-2008. Thereafter, the petitioner had been elected as the Chairman of M/s. Andhra Pradesh State Handloom Weavers Cooperative Society (hereinafter referred to as ‘APCO’), which is the Apex Body for the Handloom Industry in the State of Andhra Pradesh, on 04.08.2016. His term expired on 24.02.2018. The Government appointed a Person In-charge Committee, after his term had expired, under Section 32(7) of the Act. However, he continued as Chairman till August, 2019.

5. Initially, a notice was issued by the Deputy Superintendent of Police, Anti Corruption Bureau (ACB), Kadapa, on 28.05.2019 indicating that an enquiry was being initiated in relation to certain irregularities said to have been committed by the petitioner as Chairman of APCO. Aggrieved by this notice, the petitioner filed W.P.No.8027 of 2019 before this Court. This writ petition was disposed of on 15.10.2019, holding that the notice, under challenge, was related to irregularities, which would fall within the ambit of Section 79A of the Act, and the investigation would not be within the jurisdiction of the power of the ACB. This Court had also observed that the said order would not preclude the authorities from initiating proceedings strictly in accordance with law. This order was stayed by a division bench of this court, by order dated 22.10.2021, in W.A.No.368 of 2020 filed, by the State of Andhra Pradesh. S.L.P.(Criminal).Diary.No.32266 of 2021 was filed against this order and the Hon’ble Supreme Court by an order dated 04.02.2022 had stayed the order passed by the Division Bench.

6. Thereafter, the Director General, Vigilance and Enforcement, initiated another investigation, which was challenged by the petitioner by way of W.P.No.10836 of 2019, which is pending before the Court.

7. The Director, Handloom and Textiles, Andhra Pradesh, had ordered for an enquiry, by his proceedings dated 28.11.2019, for violation of the provisions of Section 51 of the Act by the petitioner. These proceedings were challenged before this Court by way of W.P.No.20281 of 2019 and the same was stayed by an order of this Court dated 02.01.2020.

8. One Sri K. Ramana Reddy had filed a complaint before the Director General of Police, C.I.D., on 09.12.2019 and the petitioner had approached this Court by way of W.P.No.21215 of 2019 wherein stay of all further investigation against the 1st accused was granted on 26.12.2019.

9. The De

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