Offences punishable with imprisonment beyond three years are not barred by Section 468 Cr.P.C. Defense of being on leave during the relevant period is not a ground to quash criminal proceedings.

ORDER :

Accused No.3 in C.C.No.31 of 2018 on the file of learned Judicial First Class Magistrate, Kurnool filed this petition under Section 482 of Code of Criminal Procedure (Cr.P.C.) seeking to quash the proceedings therein as against him.

2. Respondent No.1 is the State. Respondent No.2 is the de facto complainant. Despite notice being received, none entered appearance for respondent No.2.

3. Sri R.Ramanjaneyulu, learned counsel for petitioner and learned Assistant Public Prosecutor for respondent No.1 submitted arguments.

4. The following facts require attention here:

At or about in the year 2008 for the purpose of use some drugs were purchased by D.M. and H.O., Kurnool. The Government of Andhra Pradesh launched Rajiv Arogyasri Programme in Kurnool District and it was at that time on 22.09.2008 certain news items were published in the newspapers about various travails suffered by the citizens because of absence of medicines and absence of proper treatment and absence of arrangements in that programme. Newspapers also reported misappropriation of funds on part of the authorities in purchase of drugs and other items. It was in that regard a vigilance enquiry was initiated and finally the report emerged indicating conscious spending of Rs.8,18,797/- as excess spending. In other words the drugs were purchased at a price that is higher than the market price. It was also found that the funds were misappropriated by some of the officers and further between the vendor of the medicines and the health department officers, there were negotiators and mediators who helped the authorities in doing this criminal act and these mediators also obtained 18% commission from the vendor as they helped in arranging the contract of sale and purchase of drugs. The vigilance report recommended for initiation of criminal cases and disciplinary proceedings. In pursuance of that on 23.01.2016 the then District and Medical Health Officer lodged written information with the Sub-Inspector of Police, III Town Police Station, Kurnool. Accordingly, that was registered as Crime No.24 of 2016. After due investigation, the Inspector of Police filed charge sheet before learned Judicial First Class Magistrate, Kurnool on 23.02.2017. The charge sheet was filed for the offences under Sections 409 and 420 read with 34 I.P.C. A.1 to A.4 are sought to be prosecuted by the said charge sheet. A.3 in that charge sheet was a pharmacist during the year 2008 and in the charge sheet it is alleged that he was instrumental in procuring the drugs supply order from the authorities to the drugs supplier and he gained unlawful benefit in the form of commission and he was part of the cheating and criminal breach of trust.

5. It is that A.3 who filed this criminal petition.

6. Learned counsel for petitioner argued that the alleged offences took place in the year 2008 and during the relevant period for a period of 100 days A.3 was on leave and therefore, he could not have committed these offences. It is further contended that the offences took place in the year 2008 and F.I.R. was registered in the year 2016 and charge sheet was filed in the year 2018 and therefore, it is barred by limitation in terms of Section 468 Cr.P.C. It is on these two grounds, learned counsel for petitioner seeks quashment.

7. As against it, learned Assistant Public Prosecutor submits that it was only after vigilance enquiry the crime was detected and the culprits were identified and thereafter investigation took place over the alleged crime and that resulted in filing of charge sheet and since the offences alleged are under Sections 409 and 420 I.P.C., Section 468 Cr.P.C. is not a bar.

8. This Court has considered the submissions made by both sides and considered the material available on record.

9. Section 409 I.P.C. provides punishment with imprisonment for life or with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine.

10. Section 420 I.P.C. provides punishm