ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973, by the petitioner/accused No.5 to quash the proceedings against him C.C.No.2828 of 2018 arising out of Crime No.04 of 1995 on the file of learned I Additional Judicial Magistrate of First Class, Warangal District, for the offences punishable under Sections 406, 409, 420, 468, 471, 477 (A) and 120-B of the Indian Penal Code (for short “IPC”).

2. The brief facts of the case are that on 18.01.1995, the Joint Director, Social Welfare Department lodged a complaint at CID Police Station, Hyderabad stating that as per the instructions of the Director of Social Welfare, he, along with his staff, surprised the hostels in Warangal District and seized the hostel records and conducted enquiry and found various financial irregularities for the year 1993- 94. The complainant cited 50 names in his petition 32 Wardens/ Matrons, five Assistant Social Welfare Officers, Deputy Director, District Social Welfare Officer, Assistant Accounts Officer of Welfare Department, District Treasury Officer, three Sub-Treasury Officers and six Senior Accountants of 32 hostels including the Warden/Accused No.1, Government S.W. Boys Hostel, Wardhannapet. Basing on the said complaint, a case in Crime No.4 of 1995 was registered by the CID Police, Hyderabad for the offences under Sections 406, 409, 420, 468, 471, 477(A) and 120-B of IPC. During the course of investigation, the Investigating Officers collected the original documents from the concerned departments, examined witnesses and conducted special Audit. As per the audit report, the accused have drawn Rs. 37.97 lakhs excess and misappropriated the same. The fake bills were forwarded to the Director FSL, Hyderabad for expert opinion and after obtaining prosecution Orders against all the accused filed separate charge sheets against the accused for individual hostels, which were numbered as C.C.Nos.176 to 186 of 2012 and 190 to 202 of 2012. During the year 2018, the Investigating Officer also filed charge sheet against the petitioner and others which were numbered as C.C. No 2826 of 2018 pertaining to Narsampet Hostel, C.C. No.2827 of 2018, pertaining to Nallabelli Hostel and C.C. No.2828 of 2018 pertaining to Wardhannapet Hostel in Warangal District. The Investigating Officer alleged that A1 to A8 conspired with each other and hatched out a plan to misappropriate the government funds. According to their plan, the accused prepared and claimed false bills, produced fake receipts and vouchers in the name of creditors and suppliers, maintained false attendance registers of boarders, prepared bills in excess than the eligibility and got the bills sanctioned directly by routing through the second and immediate superior officers, purchased the commodities and claimed the bills under various heads of accounts. It was further mentioned in the present C.C.No. 2828 of 2018, accused No.1 had voluntarily admitted the misappropriation of government funds and repaid an amount of Rs.2,13,558/- to the government by way of challan towards the amounts misappropriated by him in the State Bank of Hyderabad, Hanmakonda branch. After completion of investigation, the Investigating Officer filed charge sheet against A1 to A8 for the offences under Sections 406, 409, 420, 468, 471, 477(A) and 120(B) IPC and reported that A3, A4, A7 and A8 died. In this instant case main accused No.1 was discharged from the criminal charges by this Court in Criminal Revision Case No. 263 of 2020.

3. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor appearing for the respondent-State.

Perused the record.

4. A perusal of the material on record would show that after completion of the investigation, charge sheets were filed by the CID, Warangal in the Court of First Additional Judicial Magistrate of First Class, Warangal District. The petitioner /accused No.5 is 77 years old and aggrieved by the aforesaid charges sheets the present