HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.6852 OF 2010 Dated : 27.07.2010. Between : Shaik Abdul Rahim … Petitioner-Accused a n d The State of A.P. & another … Respondents HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.6852 OF 2010 ORDER: This Criminal Petition under Section 482 of the Code of Criminal Procedure (for short ‘Cr.P.C.’) is filed by the petitioner seeking to quash the proceedings in Crime No.72 of 2009 of Gopalapuram Police Station, West Godavari District, registered for the offence punishable under Sections 408, 409, 464, 465 and 477A of Indian Penal Code. On 27.05.2008 the President of The Gopalapuram Primary Agricultural Co-op. Credit Society Ltd., W.G. 749, lodged a written report before the Station House Officer, Gopalapuram Police Station, alleging that on 04.09.2005 the petitioner-accused was appointed as in-charge Secretary of Hukumpeta Primary Agricultural Co-operative Credit Society Ltd. and was responsible for maintaining bank accounts, cash book register, contingent charges, deposits, issuing receipts, etc. It is mainly alleged that the petitioner during his tenure had misappropriated an amount of Rs.2,83,085-65 ps by preparing false accounts, irregularly crediting sales amounts of manure, utilizing the share capital of members, withdrawing the amounts from branch post office deposited under postal savings and also falsely drawing loan amounts in the name of other persons, etc. It is further submitted in the complaint that his predecessor also gave a complaint dated 19.06.2002 to the Police alleging misappropriation, but no action was taken against the petitioner. Hence, he prayed to treat his complaint as a fresh one and to register the case. Basing on the above said complaint, Police registered the present crime for the offence punishable under Sections 408, 409, 464, 465 and 477A of Indian Penal code. Heard. Learned counsel for the petitioner submitted that even prior to registration of present Crime, the very same Police registered a case in Crime No.89 of 2000 on the basis of the complaint lodged by the then President, which is also evident from the present complaint. There cannot be two First Information Reports on the basis of same set of allegations against the same person. As such, the present proceedings are clear abuse of process of Law. Hence, he prayed to quash the proceedings against the petitioner. The point for consideration before this Court is ‘whether the present complaint lodged by the de facto complainant is an abuse of process of law in view of registration of Crime No.89 of 2000 with the same set of allegations’? It is an admitted fact that with very same allegations, earlier a complaint was lodged against the present petitioner by the then President of the Society, which is registered as Crime No.89 of 2000. The learned Additional Public Prosecutor, on instructions of this Court to verify the out come of the earlier crime, submitted that since the complainant in the said earlier complaint and his successors not co-operated with the investigation, the investigation could not be completed and the action was dropped against the present petitioner in that case. As rightly pointed out by the learned counsel for the petitioner, for the same set of allegations, there cannot be two First Information Reports and two investigations. But, in this case it is clear from the perusal of the complaint that the present President lodged the complaint and also informed the Station House Officer that he is not aware of the out come of the earlier complaint and also specifically stated that he is ready to place the Society records as and when directed, which reveals that the complainant is ready to co-operate with the investigation to proceed further in the matter. In view of the same, this Court is of the view that the present complaint registered in Crime No.72 of 2009 is liable to be quashed since an earlier complaint is registered in Crime No.89 of 2000. But, in any event taking into consideration, the complainant being the Co-op. Society, since because of the non-co-operation of the earlier President of the said Society the investigation in the earlier crime could not be completed, in the interests of justice this Court is of the view that necessary direction can be given to the investigating officer to consider the present complaint as a fresh material. Accordingly, while quashing the proceedings in Crime No.72 of 2009, the investigating officer is directed to treat the present complaint as a fresh material and relying on the same he shall file a petition before the Court, where the First Information Report in Crime No.89 of 2000 is pending, seeking permission to re-open the investigation in Crime No.89 of 2000 and proceed further in the said crime, if he so desires. With above observation, the Criminal Petition is disposed of. _________________________ JUSTICE RAJA ELANGO Dated : 27.07.2010 sur