IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWELFTH DAY OF DECEMBER, TWO THOUSAND AND ELEVEN PRESENT: THE HON’BLE MR. JUSTICE G. KRISHNA MOHAN REDDY CRIMINAL PETITION No.3735 of 2009 Between: Saligama Banaiah … Petitioner And State of A.P., rep., by its Public Prosecutor, High Court of A.P., Hyderabad & another. … Respondents This Court made the following: THE HON’BLE MR. JUSTICE G. KRISHNA MOHAN REDDY CRIMINAL PETITION No.3735 of 2009 ORDER:- This petition is filed under Section 482 Cr.P.C to quash proceedings in Crime No.52 of 2009 on the file of the Tandur Police Station, Adilabad District registered for offences punishable under Section 409 IPC. The petitioner is the accused, the 1st respondent is the complainant and the 2nd respondent is the defacto complainant in the case. For convenience, the parties are referred to as they are arrayed in the crime. According to the prosecution, the accused, being the Sarpanch of the Tandur Village, involved in misappropriation of the funds of the State during 2005-2006. The learned counsel for the accused contended that the accused was not a public servant and hence the question of application of Section 409 IPC would not arise at all and Section 406 IPC would be applicable. He therefore submits that no purpose will be served if the matter is tried under Section 409 IPC. I am not able to accept his contention, as the concerned Magistrate can use his discretion and decide the question of application of Section 409 or 406 IPC, subject to the filing of the corresponding charge sheet. However, ultimately, the learned counsel has submitted that this Court has granted stay of arrest of the accused vide order, dated 09.06.2009, in Crl.M.P.No.3365 of 2009 and a direction may be given to the concerned police not to arrest the accused till the filing of the corresponding charge sheet. In the facts and circumstances of the case, the criminal petition is dismissed directing the accused to surrender before the concerned Court and file an application for bail. On receipt of such application, the concerned Magistrate shall release the accused on bail on his executing a personal bond for a sum of Rs.5,000/- (Rupees Five thousand only) with two sureties each for a likesum to the satisfaction of him and consequent upon that, the presence of the accused shall be dispensed with till the date of filing of the charge sheet. ________________________________ G. KRISHNA MOHAN REDDY, J Date: 12.12.2011 ES