THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.725 OF 2008 DATED 17th MARCH, 2011. BETWEEN : M.Venkaiah & another .. Petitioners-A.15 & A.16 and The State of A.P. ..Respondents THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.725 OF 2008 ORDER: This criminal petition under Section 482 of the Code of Criminal Procedure is filed by the petitioners-A.15 and A.16 seeking to quash the proceedings in C.C.No.368 of 2005 on the file of the Judicial First Class Magistrate, Chodavaram, for the offence under Sections 406, 408, 417, 420, 465 and 477 (A) of Indian Penal Code Heard. Without going into the allegations levelled against the petitioners, this Court is of the view that the petition can be disposed of on the sole ground that after enquiry under Section 51 of the Andhra Pradesh Cooperative Socieites Act, 1964, (for short ‘the Act’) the surcharge proceedings were also initiated under Section 60 of the Act. During the said proceedings, the proceedings against the present petitioners were dropped by the authorities concerned. In an earlier occasion while pendency of the F.I.R, 11 accused persons shown in F.I.R. approached this Court by invoking the writ jurisdiction in W.P.No.27774/2005, which was allowed by this Court by order dated 08.11.2006 observing as follows: “…… Once the surcharge proceedings are dropped, the criminal proceedings against the petitioners on the basis of the very same enquiry report under Section 51 of the Act submitted by the Officer concerned earlier, could not have been taken up. Therefore, the action of the respondents in registering crime No.30 of 2004 on the file of Kothakota Police Station against the petitioner is arbitrary and illegal and consequently, it is set aside against the petitioners.” Admittedly, the present charge sheet filed against the present petitioners is also on the basis of crime No.30 of 2004 registered due to initiation of the authorities based on the report under Section 51 of the Act. Hence, this Court is of the view that the relief granted by this Court in W.P.No.27774 of 2005 also can be extended to the present petitioners even though charge sheet is filed since the same is also initiated on the basis of the report under Section 51 of the Act. Hence, the proceedings against the petitioners are liable to be quashed. Accordingly, the Criminal Petition is allowed and the further proceedings against the petitioners in C.C.No.368 of 2005 on the file of the Judicial First Class Magistrate, Chodavaram, are hereby quashed. Miscellaneous petitions filed in this Criminal Petition, if any, shall stand closed. ________________________ JUSTICE RAJA ELANGO Dated : 17.03.2011 sur