JUDGMENT

1. This Criminal Petition is filed under Sec. 482 of the Code of Criminal Procedure by the petitioner - accused No.2 to quash the proceedings in C.C.No.276 of 2015 on the file of learned III Additional Chief Metropolitan Magistrate at Hyderabad, the cognizance of which was taken on file for the offences punishable under Ss. 406 and 420 of the Indian Penal Code.

2. The brief facts, as per the record available before the Court are as under:

a) On 21/6/2012 at 5.30 PM the Divisional Cooperative Officer, Golconda has lodged a complaint before the Banjara Hills Police Station against Sri K. Prabhakar Reddy, Ex President the petitioner herein and Sri K. Sathyanarayana, Ex-Managing Committee Member of Sri Venkateshwara Cooperative House Building Society Limited, and also against the vendees and the Joint Sub - Registrar, Hyderabad (South) alleging that they have fraudulently registered certain sale deeds to the individuals on 31/12/2012 whether any powers to do so as the official person in charge has been appointed on 29/12/2011 by the Commissioner for Cooperation and Registrar of Cooperative Societies, Andhra Pradesh vide Proceedings in Rc.No.24877/2007 dtd. 29/12/2011 and that he assumed charge on 30/12/2011.

b) It is further alleged in the complaint that Sri Venkateshwara Cooperative House Building Society Limited was registered under the provisions of the Andhra Pradesh Cooperative Societies Act, 1964 with registered No. TAB No.105. The main object of the society is carry out the benefit of its members by providing house sites, construction of buildings buying and selling, hiring, letting and developing of land etc. The elections to the societion were held on 30/12/2006 by the Election Officer Smt. R.Sarada Divisional Cooperative Officer, Secunderabad for a term of (05) years. The particulars of Managing Committee are as under:

1. K. Prabhakar Reddy - President

2. K. Veera Reddy - Vice President

3. D. Rama Rao - Secretary

4. T. Govardhan Reddy - Treasurer

5. P. Narayana Rao - Managing Committee

6. N.K.Benjamin - Managing Committee

7. K. Satya Narayana - Managing Committee

8. V. Sitha Ramaiah - Managing Committee

c) It is further mentioned in the complaint that the term of the Managing Committee was expired on 29/12/2011, soon after the expiry of the term of the Managing Committee the Commissioner for Co-operation and Registrar of Co-operative Societies, Andhra Pradesh, Hyderabad vide proceeding Rc.No.24877/10, dtd. 29/12/2011 has appointed Sri D. Krishna Reddy, Joint Registrar, O/o. the Commissioner for Co-operation and Registrar of Co-operative Societies, Andhra Pradesh, Hyderabad as official person in charge under Sec. 37 (7(a) of the Andhra Pradesh Cooperative Societies Act, 1964 to manage the affairs of Sri Venkateshwara CHBS Limited for a period of (6) six months from the date of assumption of charge till the elections to the Managing Committee of the Society are held and elected committee assumes charge whichever is earlier since the elected board of the said society was expired on 29/12/2011.

d) It is further mentioned in the complaint that as per the orders of Commissioner for Cooperation and Registrar of Co-operative Societies, Andhra Pradesh, Hyderabad the person in charge has assumed charge of Venkateshwara on 30/12/2011 and on the same day the person in charge requested the Ex-President to hand over entire records of the society. But the EX-President has handed over a part of the record on 9/1/2012 and informed that the remaining record is available with Sri B. Rama Rao, ExSecretary of the Society. But Sri B. Rama Rao has not handed over anything and saying that he does not have any record with him. The person in charge requested to issue necessary instructions to the District Cooperative Officer, Hyderabad (Urban) District to give instructions to proceed against the Ex-Managing Committee Members under the provisions of the Andhra Pradesh Cooperative Societies Act, 1964 vide his letter dtd. 31/1/2012 to Commiss