HON’BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.5770 OF 2019

ORDER:

1. This Criminal Petition is filed to quash the order in Crl.M.P.No.579 of 2018 in C.C.No.18 of 2014, dated 31.10.2018 on the file of Special Judge under the Prevention of Corruption Act for the Speedy trial of Cases of Embezzlement of Scholarship Amounts in Social Welfare Department etc., at Criminal Courts Complex, Nampally.

2. Learned Public Prosecutor for ACB filed Crl.M.P.No.579 of 2018, seeking withdrawal of the prosecution on the ground that the Director General, Anti Corruption, Hyderabad addressed letter dated 19.02.2018 to the Public Prosecutor, directing implementation of the Government’s Order issued vide Rc.No.96/RCA-CIU-2011, to withdraw the prosecution against the petitioner, as per Government Memo No.4650/Vig.2-2011, dated 17.05.2014, from the Agriculture & Co-operation (Vig.III)

Department.

3. The petitioner/accused officer was charge sheeted for the offence under Section 13(1)(e) r/w Section 13(2) of the Prevention of Corruption Act, 1988 (for short ‘the Act’). The allegation is that the ACB authorities conducted searches on 26.04.2011 at different places and seized incriminating documents. Crime was registered on 25.04.2011.

4. The investigating officer, having seized incriminating documents, conducted investigation pertaining to the assets, income, and expenditure of the petitioner.

5. According to the investigation, the total assets acquired by the petitioner in his name and in the names of his family members were arrived at Rs.1,49,98,891/-.

6. The income from all known sources during the check period, which was taken from 01.02.1988 to 26.04.2011, totalled Rs.36,91,957/-. The expenditure incurred during the check period was arrived at Rs.62,74,299/-.

7. The investigation revealed that there was an excess expenditure of Rs.25,82,342/- over and above the income during the check period. Accordingly, taking assets as Rs.1,49,98,891/-

plus excess expenditure of Rs.25,82,342/-, the disproportion of assets was arrived at Rs.1,75,81,233/-.

8. The ACB filed annexure I, which is extract of assets containing 29 items of immovable and movable properties. The extract of income is filed as Annexure-II, wherein, the income was arrived under 7 items. Similarly, Annexure-III was filed. The expenditure under 15 items was arrived at Rs.62,74,299/-. In all, 60 persons were cited as witnesses to the case of the prosecution.

9. Prior to filing charge sheet, the Managing Director of Hyderabad Agricultural Co-operative Association Ltd., granted prosecution orders against the petitioner. The ACB was granted sanction on 24.10.2013 to prosecute the petitioner/accused vide proceedings No.HACA/Estt./2013 dated 24.10.2013.

10. Thereafter, the Principal Secretary to the Government, Agriculture & Cooperation (Vig.III) Department, A.P. Secretariat, Hyderabad addressed letter No.4650/Vig.III/A1-2011-2, dated 17.05.2014 to the Managing Director, the Hyderabad Agricultural Co-op. Association Ltd., Hyderabad. The said letter reads as follows:

“Government after careful examination of the entire matter, it is observed from the records that the Accused Officer has filed all relevant documents in support of the contention that he is not having any disproportionate assets and it has been hereby order to initiate departmental action against Sri S.Goverdhan Reddy, Branch Manager, Adilabad, duly dropping prosecution in a Court of LAW for the offence under Section 13(2) r/w 13(1)(e) of the P.C.Act, 1988 on the allegation of acquisition of assets disproportionate to the known sources of income.

I, therefore, request you to take further course of action in the matter and to inform the action taken report to Government as well as the Director General, Anti-

Corruption Bureau, Hyderabad, immediately.”

11. The Memo No.4650/Vig.2/2011, dated 18.01.2016, issued by the Agriculture and Cooperation (Vigilance) Department to the Director General, ACB, TS, Hyderabad specified that the orders of the Gover