THE HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARA CRIMINAL PETITION No.7236 of 2009 ORDER: The petitioners 1 to 12/A20 to A31 are accused of offences punishable under Sections 420, 409, 477-A and 120-B I.P.C. in C.C.No.351 of 2009, on the file of II Additional Judicial Magistrate of the First Class, Eluru, along with 20 others. The petitioners are Fair Price Shop dealers in Tanuku Mandal. Whereas A1 to A3 are the then Mandal Revenue Officer, Deputy Tahsildar (Civil Supplies) and Clerk in Mandal Revenue Office, Tanuku and A4 to A19 are other Fair Price Shop dealers in Tanuku Mandal. Subject matter of the case relates to fabrication of coupon books and swindling of commodities supplied by the Government through Civil Supplies Department by the officers in collusion with Fair Price Shop dealers. The only ground on which the petitioners 1 to 12/A20 to A31 seek relief herein is that previously, the Police filed the cases in CC.No.538 of 2005 and CC.No.822 of 2005, on the file of II Additional Judicial Magistrate of the First Class, Tanuku, and that again, the same subject matter was entrusted for investigation to C.I.D. Police who investigated and filed the present CC.No.351 of 2009, on the file of II Additional Judicial Magistrate of the First Class, Eluru and that the petitioners cannot be vexed twice on the same allegations. It is further contended that C.I.D. is not competent to make further investigation in this case insofar as the petitioners are concerned, since the Magistrate at Tanuku did not grant any permission for further investigation under Section 173(8) Cr.P.C., nor the Police or C.I.D. sought for any such permission before the Magistrate. The Public Prosecutor reports that no permission was sought for by the Police and no permission was given by the Magistrate at Tanuku for making further investigation into the subject matter under Section 173(8) Cr.P.C. It is contended by the Public Prosecutor that the State filed Tr.Crl.M.P.No.1599 of 2009 before the Principal Sessions Judge, West Godavari at Eluru, for transfer of CC.No.538 of 2005 from Tanuku Court to Eluru Court and that the petitioners herein did not oppose the said transfer petition and accordingly, the Sessions Judge by order dated 22.07.2010, allowed the petition transferring CC.No.538 of 2005 from Tanuku to Eluru for being tried along with CC.Nos.351 of 2009 and CC.No.822 of 2005. In my opinion, the order passed by the Sessions Court in the transfer petition has no bearing in this petition. 2. Placing reliance on T.T.ANTONY Vs. STATE OF KERALA[1] of the supreme Court, it is contended by the petitioners’ counsel that failure to obtain permission under Section 173(8) Cr.P.C. renders the second charge sheet filed by C.I.D. against the petitioners illegal. Though failure to obtain permission from the Magistrate under Section 173(8) Cr.P.C. may render CC.No.351 of 2009 without jurisdiction insofar as the petitioners 1 to 12/A20 to A31 against whom already a criminal case was filed and pending trial before a Magistrate of competent jurisdiction. But, this Court does not intend to comment about the effect thereof insofar as the other accused in CC.No.351 of 2009. It is sufficient to state that second charge sheet against A20 to A31 who are the petitioners herein is vitiated. 3. In the result, the Criminal Petition is allowed quashing proceedings in CC.No.351 of 2009 on the file of II Additional Judicial Magistrate of the First Class, Eluru, insofar as the petitioners 1 to 12/A20 to A31 are concerned. ______________________________ JUSTICE SAMUDRALA GOVINDARAJULU Dt:27.12.2011 ysk THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.7236 of 2009 Dt:27.12.2011 ysk [1] (2001) 6 Supreme Court Cases 181