THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRIMINAL PETITION No.5286 of 2011 DATED: 27.07.2011 ORDER: This petition is filed under Section 482 Cr.P.C. for quashing further proceedings against the petitioners- accused in F.I.R.No.59 of 2011 of Dundigal police station, Cyberabad. 2. Heard learned counsel for the petitioners and the learned Additional Public Prosecutor appearing for the 1st respondent. Perused the records. 3. On a complaint given by the 2nd respondent- Assistant B.C.Welfare Officer, Medchal, Rangareddy District, police registered a case in Cr.No.59 of 2011 against the petitioner institutions for the offences under Sections 406 and 409 IPC. According to the complainant, petitioner institutions have collected tuition fee from the BC/EBC students though the Government has issued direction not to collect tuition fee from them and that they have not returned the amounts to the students even though the District B.C.Welfare Officer sanctioned the reimbursement of the tuition fee in respect of 117 students. 4. According to the petitioners, the Government of A.P. introduced a scheme of refund of tuition fee for the year, 2008-09 and that the petitioners have refunded the amounts to the students for the year, 2008-09 and the department itself deposited the amounts in part for the year, 2009-2010 and that subsequent to the registration of the complaint, the department deposited further amounts on 26.02.2011. Petitioners however contended that on their own accord, they refunded the amounts to all the students by issuing cheques and therefore the question of cheating or breach of trust does not arise. It is also alleged that the authorities without checking up the petitioner institutions and without issuing any notice, seeking their explanations, directly lodged a complaint without verifying the facts. Petitioners have also enclosed the statements of bank accounts showing refund of the tuition fee to the students by way of cheques. 5. Learned Additional Public Prosecutor, on verification and on instructions, would submit that the petitioners have refunded the entire tuition fee to all the students in respect of whom Government has deposited the amounts by way of reimbursement. In view of the fact that whatever amounts collected by the petitioner institutions from their students towards tuition fee has since been refunded to them after the government reimbursed the same under the scheme, continuance of further proceedings against the petitioners in Cr.No.59 of 2011 would not serve any purpose and on the other hand would only be abuse of process of law. In fact, the ingredients of the alleged offences under Sections 409 and 420 IPC cannot be said to be attracted to the facts of the present case and further investigation is only a futile exercise. It is therefore considered a fit case to invoke the inherent powers of the Court under Section 482 Cr.P.C., to quash the further proceedings in Cr.No.59 of 2011 of Dundigal police station, Rangareddy District against the petitioners, and they are accordingly quashed. 6. In the result, Criminal Petition is allowed. _______________________ G.V.SEETHAPATHY, J 27th July, 2011 Tsy