ORDER :

The petitioner is accused No.4 in C.C.No.9 of 2022 in the Court of the Special Judge for SPE & ACB Cases, Vijayawada for offences under Sections 4 20 , 120(B) r/w 34 of I.P.C and Section 7 (a) of Prevention of Corruption Act, 1988.

2. The matter was heard earlier and reserved for orders on 09.11.2022. As notices were not served on respondent No.2 and no opportunity of hearing was given to respondent No.2, the matter was reopened and notices were directed to be served on respondent No.2. Proof of service on respondent No.2 was filed by the learned counsel for the petitioner vide U.S.R.No.7374 of 2023 on 27.01.2023. The matter was posted for hearing on 01.02.2023, 15.02.2023 and 28.02.2023. As there was no representation on behalf of the respondent No.2, the matter was again reserved for orders.

3. A charge sheet has been filed against 4 persons. However, it was recorded in the charge sheet, that accused No.1 has passed away.

4. The brief background required for a proper adjudication of this petition is as follows:

5. The de facto complainant approached the Superintendent of Police, Guntur, in the year 2016, with a complaint that accused Nos.1 to 3, after receiving huge amounts of money from her, had cheated her and had not conveyed the plot shown to her in the lay out behind Nagarjuna University, that is alleged to have been made by one Rainbow Ventures in which accused Nos.1 to 3 were passing themselves of as the Managing Director and Directors.

6. This complaint was forwarded by the Superintendent of Police, Guntur Urban to the petitioner herein, who was then working as the Sub-Divisional Police Officer, Mangalagiri, for further enquiry. The petitioner after examining the issue and conducting necessary enquiry had submitted a report to the Superintendent of Police on 16.11.2017 stating that the dispute between the parties was a civil dispute and that respondent No.2 had been advised to approach the civil Court. Subsequently, respondent No.2 filed a complaint against the petitioner herein before the Additional Director General of Police, C.I.D with the allegation that the petitioner had conducted mediation between respondent No.2 on one hand and accused Nos.1 to 3 on the other hand and in that process had done injustice to the 2nd respondent. The Additional Director General of Police, C.I.D had then appointed one CH. Vijaya Bhaskar Rao, who was the Inspector of Police, C.I.D Regional Office, Guntur to enquire into the matter. After conducting a comprehensive enquiry, including recording the statements of the concerned persons, the Enquiry Officer had submitted a report dated 25.01.2018 stating that the disputes are civil in nature and that the allegations made against the petitioner are baseless.

7. Respondent No.2 had then filed a formal complaint on 20.10.2018 before the Peda Kakani Police Station which was registered as Crime No.299 of 2018 and the same is pending investigation. It may also be noted that the said complaint was given only against accused Nos.1 to 3 and the role of the petitioner herein was not set out in the complaint. While this case was under investigation, respondent No.2 filed another complaint on 27.01.2020 before the Additional Director General of Police, C.I.D, Mangalagiri, who directed registration of a case and for assigning the investigation to Sri CH. Vijaya Bhaskar Rao, who had conducted the earlier enquiry against the petitioner. A fresh case was registered as Crime No.2 of 2020 on 27.01.2020 in the C.I.D Police Station and investigation was initiated. A prelim