THE HON'BLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL REVISION CASE No.731 of 2024

ORDER

Heard Sri Gaddam Sethu Madhava Rao, learned counsel for the petitioner and Smt.S.Madhavi, Assistant Public Prosecutor, representing learned Public Prosecutor for State/respondent.

2. The present criminal revision case is preferred by the petitioner/ accused under Section 397 of Cr.P.C., aggrieved by the order dated 11.03.2024 passed in Crl.MP No.270 of 2022 in CC No.61 of 2021 wherein the prayer of the petitioner/accused under Section 239 of Cr.P.C. for his discharge from CC No.61 of 2021 was rejected by the trial Court.

3. Basing on the complaint lodged by the Regional Joint Director of Collegiate Education, Nampally, Government of Telangana State, Hyderabad, the Station House Officer Town-1, Godavarikhani, Peddapally District registered Crime No.16 of 2021 for the offences under Sections 403, 405, 415, 417, 418 and 420 of IPC alleging that the accused/Ch.Prabhakar, retired lecturer in Mathematics, Government Degree College, Mahabubabad, while working at Government Degree College, Godavarikhani, Peddapally District has misutilized the Government funds at the time of NAAC Programme during the year 2006- 2007, did financial fraud for an amount of Rs.5,61,131/- which amounts to dereliction of duties and causing inconvenience to the college.

4. Basing on the registration of the said crime, the investigating officer commenced investigation and laid charge-sheet before the Court of the learned I Additional Judicial First Class Magistrate at Godavarikhani alleging that during the year 2006-2007, while the accused was acting as FAC Principal in Government Degree College, Godavarikhani the State Government has sanctioned an amount of Rs.36,44,657/- to the said college for its development works and subsequently, the accused, upon conducting a meeting with the lecturers, allotted the said amounts as works-wise to various departments. Further, the accused, out of the amounts allotted to be spend under his control i.e. Rs.5,61,131/-, spent amounts by establishing cycle stand, laying drainage pipe line, canteen, to meet the expenditure for photos, stationary, lab equipment, chemistry equipments, duel desk transport charges and uden rifles without calling for tenders and gave works to his relatives and accordingly, he misused the said funds without following the Government procedure. Further, the NAAC team conducted enquiry and found procedural lapses in withdrawal of the amounts. On 28.08.2020 the accused gave a written letter agreeing to pay an amount of Rs.5,61,131/- from and out of his retirement benefits. It was also found that the accused and other lecturers have done the works with the students under NCC and withdrew the coolie amount from their allotted budget and against such act, the students did a protest programme. The trial Court took cognizance of the same and assigned CC No.61 of 2021 and proceeded further.

5. During the course of proceedings before the trial Court, the petitioner/ accused filed Crl.MP No.270 of 2022 under Section 239 of Cr.P.C. seeking his discharge from CC No.61 of 2021 contending that the petitioner was falsely implicated in the present case, no sanction, as mandated under Section 197 of Cr.P.C., was obtained, inordinate delay of around 15 years occurred in filing a criminal complaint against him and his implication in the present case is nothing but abuse of process of law, initiated with oblique motive of harassing a retired Government servant. Since no recovery steps were initiated by the Department in pursuance of agreement of the accused to repay an amount of Rs.5,61,131/- or finalization of his retirement benefits are not settled, initiation of criminal proceedings against the accused is not justified. The accused, due to frustration of not getting retirement benefits and frightened by the threats of his superiors, in a fit of emotion gave letter dated 28.08.2020 but subsequently, realizing the said mistake, he withdrew the