APHC010086192019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

TUESDAY ,THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA CRIMINAL PETITION NO: 1837/2019 Between:

D.ramesh and Others ...PETITIONER/ACCUSED(S)

AND State Of Ap and Others ...RESPONDENT/COMPLAINANT(S)

Counsel for the Petitioner/accused(S):

1. B SHAIK MOHD AQUIB HUSSAIN Counsel for the Respondent/complainant(S):

1. PUBLIC PROSECUTOR (AP) The Court made the following:

ORDER:

The Criminal Petition is filed under Section 482 of Criminal Procedure Code (for short “Cr.P.C.”) to quash the proceedings in Crime No.03/2019, dated 15.01.2019 on the file of Station House Officer, Kundurpi Police Station, Anantapuramu District against the petitioners for the offences punishable under Sections 403, 406, 409, 323, 447, 448 read with Section 34 of IPC.

2. The petitioners herein are accused Nos.1 to 11 and the 2^nd respondent is the defacto complainant. The 2^nd respondent has submitted a complaint on the file of Judicial First Class Magistrate, Kalyanadurgam stating that he is the executive member of Sree Milara Lingeswara Khadi Rural Development Association, Mahanthapuram village, Kundurpi Mandal which was registered vide Reg.No.129/2012, dated 11.04.2012 under the A.P. Society Registration Act, 35 of 2001 and that the said association consists of nine members and four executive members. The Government has sanctioned an amount of Rs.60,00,000/- for the development of the association as well as the weavers welfare for the community of Kuruba. But, the accused No.1, who is the president of the said association has utilized the said funds for construction of his house. The 1^st accused has misappropriated the funds sanctioned to the association without conducting the meeting and informing the executive body. He has performed the said act by forgery of signatures of the executive body before the State Bank of India, Kalyanadurgam branch. The 2^nd respondent along with Joint Secretary and another members of the association have submitted the same to the Manager of the bank on 04.08.2018, who after verification has concluded that the accused has committed fraud and accordingly, directed the accused No.1 to close the accounts of all the members of the association. While so, on 05.08.2018, all the accused herein visited the house of the 2^nd respondent and beat him with hands, legs and abused in filthy language and thereafter, dragged him to the house of one Masala Mallikarjuna where, all the accused have trespassed into the house of Masala Mallikarjuna and beat him with hands and legs.

Immediately, the 2^nd respondent has approached the Station House Officer, Kundurpi for filing complaint against the accused, as no action was initiated, the 2^nd respondent has filed the present complaint on the file of Judicial First Class Magistrate, Kalyanadurgam requesting to take action against the accused for the offences punishable under Sections 403, 406, 409, 323, 447, 448 read with Section 34 of IPC. The court below, vide CF.No.22859 of 2018, dated 11.01.2019 has forwarded the said complaint to Kundurpi Police Station, Anantapuramu for registration of case and investigation. Accordingly, the police have registered a case against the petitioners herein in Crime No.03 of 2019, challenging which the present petition is filed.

3. Learned counsel for the petitioners would argue that the learned Judge has not applied his mind while passing the impugned orders dated 11.01.2019 as he has not taken into consideration whether there are prima facie allegations and material for the alleged offences warranting any investigation by the Police under Section 156(3) of Cr.P.C. It is further contended that the learned Judge has failed to see that the power under Section 156(3) Cr.P.C., can be exercised only if the complaint discloses the commission of the offence and also stated that as the learned Judge has committed a serious ill