THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRIMINAL PETITION No.7569 OF 2008 ORDER: This Criminal Petition is filed under Section 482 Cr.P.C., seeking quashing of further proceedings in C.C.No.222 of 2004 on the file of the learned Additional Judicial Magistrate of First Class, Mangalagiri, Guntur District. 2. Heard both sides. Perused the record. 3. Petitioner is accused of the offence under Section 409 IPC. On a complaint given by the 2nd respondent, police registered a case in Cr.No.86 of 2004 of Tadepalli police station and after investigation filed charge sheet against the petitioner, which was taken cognizance as C.C.No.222 of 2004. According to the prosecution, petitioner was acting as Secretary, Primary Agricultural Cooperative Society, Ippatam village and was paid employee of the society and that during the year, 1996 he collected amounts towards recovery of loans from the borrowers and failed to account for the same and misappropriated to an extent of Rs.60,108/-. An enquiry under Section 51 of the Cooperative Societies Act, 1964 ( for brevity, ‘the Act’) was conducted into the affairs of the society. 4. It is not disputed that subsequently, petitioner- accused has remitted total amount of Rs.60,108/- and by order, dated 31.12.2003, the Government dropped all further proceedings against the petitioner in respect of the alleged offence committed in the year, 1996. The present complaint is filed in the year, 2004. Meanwhile, it is stated that the petitioner has retired from service. 5. Learned counsel for the petitioner would submit that in W.P.No.2774 of 2005, this Court by order, dated 08.11.2006, allowed the said Writ Petition holding that once the criminal proceedings against the petitioner on the basis of the very same enquiry report under Section 51 of the Act could not have been taken up, the action of the respondents therein in registering Cr.No.30 of 2004 on the file of the learned Kothakoata police station against the petitioner therein is arbitrary and illegal and consequently it was set aside. In Criminal Petition No.3639 of 2003 this Court by order, dated 29.03.2006, quashed the further proceedings in Cr.No.46 of 2003 of Chilakaluripet Rural police station, wherein also it was held that the offence therein took place in the year, 1992 and investigation was initiated in 1998 and concluded in 1999 and the complaint was filed four years later in 2003 and therefore the proceedings are barred by Section 468 r/w 469 Cr.P.C. 6. Copies of the above said orders have been filed by the learned counsel for the petitioner. The present case is squarely covered by the above said orders. Hence, adopting the reasoning mentioned therein, it is held that continuance of further proceedings against the petitioner herein in C.C.No.222 of 2004, which is initiated about eight years after the commission of the alleged offence and that too after the surcharge proceedings are dropped against him, during the enquiry under Section 51 of the Act, is only an abuse of process of law. It is therefore considered a fit case where the inherent powers of this Court can be invoked to quash further proceedings in C.C.No.222 of 2004 on the file of the learned Judicial Magistrate of First Class, Mangalagiri and they are accordingly quashed. 7. In the result, Criminal Petition is allowed. _______________________ G.V.SEETHAPATHY, J 17th November, 2011. Tsy