THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION No. 2828 OF 2007 ORDER: 1. This Criminal Petition is filed by the State under Section 482 Cr.P.C. to quash the proceedings in C.C. No.4 of 2005 on the file of the Judicial First Class Magistrate, Sircilla. 2. It is alleged in the complaint that, on 13.06.2004 at 10.00 hours, the second respondent forwarded a petition stating that he deputed two officials by name G.V.Krishnaiah, Junior Clerk and P.Subba Rao, Teacher for conducting physical verification of scholarships to wards of Beedi workers on receipt of application from the Head of Institutions concerned, and that they visited several schools of Gambhirraopet mandal for verification and observed major irregularities in Vignana Vidyalaya, Gambhirraopet. The school was having recognition for classes VIII and X, but the management forwarded scholarship applications for classes I to X, and thus, Rs.37,100/- excess was claimed knowing that no recognition for classes I to VII. Basing on the same, police registered case in crime no.32 of 2004 for the offences punishable under Sections 420, 468 and 471 I.P.C. and laid the charge sheet. 3. The petitioner herein is A.2 in the criminal case. Entire allegations are levelled against A.1. The allegation is that A.1 was allegedly maintaining a school without there being any recognition for certain classes, and that he forwarded scholarship applications of children of beedi workers and that A.1 allegedly claimed Rs.37,100/- towards excess money knowing that there was no recognition. The only allegation in the charge sheet against the petitioner/A.2 is that he leased out his premises to A.1 to run the school. Except that, there is no other allegation that he conspired with A.1 in order to cheat the Government or that he was in-charge and responsible for administration of the school. Therefore, even if the allegations in the charge sheet are taken as true and correct, at this stage, no offence of cheating and forgery is made out against A.2. Hence, continuation of impugned proceedings against the petitioner/A.2 is nothing but abuse of process of Court. 4. The Criminal Petition is, accordingly, allowed quashing the proceedings in C.C. No.4 of 2005 on the file of the Judicial Magistrate of First Class, Sircilla, insofar as the petitioner/A.2 is concerned. ---------------- 16.7.2010 DRK THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION No. 2828 OF 2007 Date: 16.7.2010 Between: Mallugari Narsaiah …Petitioner And State of A.P. rep. by the Public Prosecutor, High Court of A.P., Hyderabad & another …Respondents THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION No. 2828 of 2007 16.7.2010