ORDER

This Criminal Petition is filed by the petitioners/accused Nos.1, 2, 3, 7 and 9 seeking to quash the proceedings against them in C.C.No.178 of 2016 on the file of the Judicial First Class Magistrate, Bhimadole, West Godavari District.

2. The subject C.C. arises out of Crime No.118 of 2014 on the file of Dwaraka Tirumala Police Station, registered for the offence under Section 409 r/w 34 IPC, on the basis of a complaint lodged by the Divisional Co-operative Officer, Eluru, alleging commission of the offence of criminal breach of trust by the accused by misappropriating the funds of Sri Venkateswara Large Size Co-operative Society Ltd., Dwaraka Tirumala. Accused No.1 is the member of Sri Venkateswara Large Size Co-operative Society Ltd., Dwaraka Tirumala, and in the year 1995, he was elected as President of the Society. It was alleged that during the period from 02.11.2005 to 29.04.2009, accused No.1, along with accused Nos.2 to 10, who are Secretary and other employees of the Society, indulged in some financial irregularities. Upon noticing the alleged irregularities, the Joint Registrar/District Cooperative Officer, West Godavari District, appointed the Assistant Registrar, Sub-Divisional Cooperative Officer, Chintalapudi, as an Enquiry Officer to conduct enquiry into the financial irregularities alleged to have been committed by accused Nos.1 to 10 during the period from 02.11.2005 to 29.04.2009. The Enquiry Officer, having conducted the enquiry and having verified the available records of the Society, opined that accused Nos.1 to 10 are involved in a major fund diversion in the day-to-day functioning of the Society and committed financial irregularities and accordingly, the Enquiry Officer submitted his report to the Joint Registrar/District Co-operative Officer, West Godavari District. Thereupon, the Divisional Co-operative Officer, Eluru, who is the defacto-complainant herein, lodged a written complaint in Dwaraka Tirumala Police Station for registration of criminal case against the accused. On the basis thereof, a case in Cr.No.118 of 2014 for the offence under Section 409 r/w 34 IPC has been registered on the file of Dwaraka Tirumala Police Station on 13.08.2014 and investigated into. After completion of investigation, the police filed charge sheet against accused Nos.1 to 10 for the offence under Section 409 r/w 34 IPC.

3. Learned counsel for the petitioners submits that the petitioners cannot be considered to be „public servants' under Section 21 of IPC and when it is established that the petitioners are not 'public servants' under Section 21 of IPC, the charge under Section 409 IPC is not maintainable against them. In support of his contention, learned counsel relies on the decision of the Hon‟ble

1 Supreme Court in State of Maharashtra v. Laljit Rajshi Shah and also the decision of this Court in D.Venkata Rao and Another v. State rep., by S.I of Police, Pentapadu PS, West Godavari District² and also the order dated

30.04.2024 passed in W.P.Nos.3502 & 3974 of 2016.

1

2000 (2) Supreme Court Cases 699

2000(4) Crimes 365

4. During the course of hearing, learned counsel for the petitioners brought to the notice of this Court that petitioners No.1 and 5 died during pendency of the criminal petition.

5. Learned Assistant Public Prosecutor appearing for the respondents contended that the alleged acts of the petitioners are sufficient to conclude that the petitioners have committed offence punishable under Section 409 r/w

34 IPC and requested to dismiss the petition.

6. Having heard the submissions made by the learned counsel representing both parties and on perusal of the material available on record, the point that arises for consideration is as follows:

“Whether the proceedings against the petitioners in C.C No.178 of 2016 on the file of the Court of Judicial First Class Magistrate, Bhimadole are liable to be quashed by exercising jurisdiction under Section 482 of Cr.P.C.?”

The present petition has been filed under Section 482 of