HON’BLE SRI JUSTICE G.V.SEETHAPATHY Criminal Petition No.7281 of 2009 ORDER: This criminal petition is filed under section 482 Cr.P.C. for quashing further proceedings against the petitioners in CC No.185 of 2008 on the file of the Judicial First Class Magistrate, Andole at Jogipet. 2. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondent-State. 3. Based on the complaint given by the Sub Inspector of Police, Tekmal PS, FIR was registered in Cr.No.36 of 2009 against the petitioners under sections 42(a), 102 Cr.P.C. read with section 123 of the Representation Peoples Act 1951. After investigation, charge sheet was filed and the same was taken cognizance in CC No.185 of 2008. According to the prosecution, on 09.04.2009 at about 9 a.m. while the Sub Inspector of Police, Tekmal, was checking the vehicles on the State high-way on the eve of the general elections of 2009, one APSRTC bus bearing No.AP 11 Z 3707 coming from Hyderabad towards Narayanakhed was intercepted and checked and a black colour bag containing cash of Rs.5 lakhs, besides some banners and flags of the Telugu Desam Party, were found in possession of the petitioners and they were seized under a panchanama. 4. Learned counsel for the petitioners would submit that the first petitioner is a contractor and he was executing work of improvements to Dosapally to Gajawada road from Km.0/0 to 5/4 in Medak district (6th call) under LS agreement No.60/2008-09 dated 19.09.2008 from R&B Authorities and the petitioners have withdrawn the money from the bank for the purpose of disbursement to the labourers and while the said cash being taken to the site of the work, the same was seized by the police. Mere carrying of cash is not an offence and the material on record does not show that the said amount was being carried in connection with the general elections or for any illegal purpose. The complainant merely states that the petitioners were found in possession of the cash and some party banners. The charge sheet does not disclose any incriminating material connecting the amount seized with any illegal expenditure in connection with the general elections. The charge sheet merely expresses a suspicion that the amount was meant for distribution to the voters. Based on a mere suspicion, no prosecution can be sustained. 5. This Court in ‘Mehar India Enterprises v. State of A.P.,[1]’ in similar circumstances, while following the decision in ‘Kilaparthi Suri Appa Rao v. State of A.P.,[2]’, quashed further proceedings against the petitioner holding that when lawful ownership of the seized property is established and no cognizable offence was made out and when there was no complaint from any one about the property seized, further proceedings are not warranted. 6. In the present case also, no complaint is received from any one in respect of the seized property and the petitioners are admittedly owners of the property and there is no allegation of commission of offence pertaining to the seized property. In the circumstances, it is held that continuance of further proceedings against the petitioners in CC No.185 of 2009 would not serve any useful purpose and therefore, it is a fit case where inherent powers of the Court under section 482 Cr.P.C. can be invoked and quash further proceedings against the petitioners in CC No.185 of 2009 on the file of the Judicial Magistrate of I Class, Andole at Joggipet and they are accordingly quashed. 7. In the result, the criminal petition is allowed. __________________ G.V.SEETHAPATHY, J Date: 15.12.2011 bss [1] 2008(1) ALT (Crl.) 58 (AP) [2] 2004(2) ALT (Crl.) 333 (AP)