IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE G. BHAVANI PRASAD CRIMINAL PETITION NO.6462 OF 2009 Between: Karne Ganesh. ..... PETITIONER. AND The State of A.P., Represented by Public Prosecutor, High Court of A.P. Hyderabad, and another. ..... RESPONDENTS. Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the grounds filed therewith, the High Court will be pleased to quash the proceedings in F.I.R. No.50 of 2009 on the file of Sircilla police station, Karimnagar District. The Petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Mr. YELLANKI PULLA RAO, Advocate for the Petitioner and of the Public Prosecutor on behalf of the first respondent, the Court made the following: HONOURABLE SRI JUSTICE G. BHAVANI PRASAD CRIMINAL PETITION NO.6462 OF 2009 ORDER: Heard Sri. Yellanki Pulla Rao, learned counsel for the petitioner and Sri A. Ramesh, learned counsel representing the learned Public prosecutor for the first respondent. No notice is being ordered to the second respondent as the matter is being disposed of at the stage of admission. The petitioner is the second accused in Crime No.50 of 2009 on the file of Sircilla police station, Karimnagar District registered on the complaint of the second respondent herein. The copy of the remand case diary filed by the petitioner shows that a number of witnesses were examined during the course of investigation who appear to have made similar allegations against the accused like the second respondent herein and after the arrest of the first accused in the case, the investigating agency stated that the further investigation is yet to be completed to enable them to file a charge sheet. On the basis of the material so available on record, it cannot be said that even exfacie there is no criminal liability that can be attributed to the petitioner herein. The petitioner claims that he is sub-divisional president of a Non Governmental service organisation and only collected voluntary subscriptions from the persons joining as members of the organisation towards admission fee as the annual subscription or the monthly subscription. The petitioner also claims that they are conducting many awareness programmes and welfare activities and were representing to the Government as well as the leaders to secure the benefits conferred by the Government on the poorer sections of the society. The claim of the petitioner may be true but, it is for the investigating agency and if they file a final report, for the trial court to go into the purposes for which any monies were collected from the members of the public by the Non Governmental organisation or any persons representing such organisation. In a summary enquiry under Section 482 of the Code of Criminal Procedure, no deep fact finding enquiry can be made into the activities of the organisation which the petitioner represents or the manner of association of the second respondent and persons like her with the said organisation and no conclusions can be drawn as to whether the entire relationship between such members of the public and the organisation has any criminal ramifications. These are matters which have to be gone into depth by the investigating agency and the trial court and hence, this Criminal petition is not sustainable. Accordingly, the Criminal petition is dismissed. However, this order does not preclude the petitioner from pursuing any appropriate remedies available to him in future regarding the subject matter of the Criminal petition. ____________________ G.BHAVANI PRASAD, J Date: 19-08-2009. Dsh.