HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.7640 OF 2008 DATE: 27.08.2010 Between: The Sub-Registrar of Registration, Sangareddy …… Petitioner. And: The State of A.P., rep. by its PP., High Court of AP., Hyderabad and 4 others …..Respondents HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.7640 OF 2008 ORDER: 1. The petitioner is the Sub Registrar of Registrations, Sangareddy. The petitioner is arrayed as A-4 in C.C.No.865 of 2008 on the file of Additional Judicial Magistrate of the First Class, Sangareddy. Originally the complaint was filed by the 2nd respondent against the respondents 3 to 5/A-1 to A-3 for offences punishable under Sections 120-B, 177, 409, 420, 468, 471 IPC and Section 13 of the Foreign Exchange Management Act, 1999 (in short, the Act). The police who investigated into the allegations referred the case as civil nature. Thereupon, protest petition was filed by the complainant and the Additional Judicial Magistrate of the First Class, Sangareddy took the case on file and issued summonses to the accused. Before taking the case on file by the lower court, Criminal MP No.2431 of 2008 was filed by the 2nd respondent/complainant for impleading the petitioner herein as A-4 on the ground that the Sub Registrar joined hands with A-1 to A-3 and got the document registered. No provision of law is mentioned for impleading a new accused person at that stage. The only provision under which another accused can be impleaded in a criminal case, is Section 319 Cr.P.C which can be invoked only during trial and after recording of evidence of the complainant/prosecution. 2. Secondly, the Sub Registrar cannot be impleaded in his official capacity. Criminal law does not know punishing of an office, but it contemplates only punishing of persons holding that office in case of any offence was committed by such person. Thus, in any event, pendency of the case in the lower court as against the Sub Registrar in the official capacity, is nothing but abuse of process of law. Several incumbents may come and go as Sub Registrars, Sangareddy. It is not as if all the said persons are liable to be punished in this case. 3. Hence, the petition is allowed quashing proceedings in C.C.No.865 of 2008 on the file of Additional Judicial Magistrate of the First Class, Sangareddy in so far as the petitioner/A-4 is concerned. ___________________________________ SAMUDRALA GOVINDARAJULU, J August 27, 2010 Gk. HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.7640 OF 2008 Date:27.08.2010 Gk.