THE HON’BLE SRI JUSTICE P.SWAROOP REDDY CRIMINAL PETITION No.10558 OF 2009 Dated : 15.12.2009 Between : B.Gangadhara Rao & another ….. Petitioners/A.1 and A.2 a n d 1) Sri T.Appa Rao 2) The State of A.P. ….. Respondents THE HON’BLE SRI JUSTICE P.SWAROOP REDDY CRIMINAL PETITION No.10558 OF 2009 ORDER : This criminal petition is filed under Section 482 Cr.P.C. by the petitioners/A.1 and A.2 seeking to quash the proceedings in crime No.87 and 2009 of Pitapuram Rural Police Station, East Godavari District, registered for the offence punishable under Sections 419 and 409 I.P.C. 2) Heard. 3) The petitioners are the Ex-President and Ex-Vice President of Waters Users Association, Mangiturthi Village of East Godavari District. The complaint, dated 08.12.2009, is given by the first respondent herein alleging that even after expiry of period of office, they issued cheques and that amounted to misappropriation of funds. 4) As contended by the learned counsel for the petitioners, the alleged cheques were issued on 23.01.2008 and the complaint is given on 08.12.2009 more than a year later. The amounts under the cheques were withdrawn on 24.01.2008 as seen from page 18 of the material papers filed and in fact cheques were issued on 31.12.2007. According to the learned counsel for the petitioners by 31.12.2007 their term admittedly expired. Further more, even according to the complaint, the amounts were misappropriated by issuing cheques only. 5) Considering all these circumstances i.e. the cheques being issued on 31.12.2007, on which date the petitioners were in office, and the complaint being given after one year of the alleged incident, which support the version of the petitioners that to take vengeance complaint is given, it is directed that the petitioners shall not be arrested till filing of charge sheet, if any. The investigation and consequential steps on the basis of investigation can go on. 6) Accordingly, the criminal petition is disposed of. ______________________ P.SWAROOP REDDY, J 15th December, 2009 SUR