THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.5833 OF 2009 ORDER: The petitioner is stated to be working as Assistant Engineer in A.P. State Housing Corporation Limited at Vikarabad sub-division of Ranga Reddy District. He along with 15 others is accused of offences punishable under Sections 409 and 420 IPC in Crime No.268 of 2009 of Vikarabad Police Station. In the report given by the second respondent, who is the Superintending Engineer in the same Corporation, it is alleged that A1 Data Entry Operator and A2/petitioner who is Mandal in-charge of Housing in Vikarabad Mandal colluded with 14 beneficiaries and entered into criminal conspiracy and misappropriated Indiramma Phase-II funds to the tune of Rs.1,97,600/- and withdrew public money without construction. It is contended by the petitioner’s counsel that since one year prior to giving report, the petitioner is hospitalised and underwent two heart operations. It is further contended that the second respondent, who is the Superintending Engineer is not competent to launch the report against the petitioner and others. The second respondent being the Superintending Engineer of the Corporation, which is in-charge of construction of houses under Indiramma programme, is competent to give report to the police against any misappropriation of funds relating to construction of houses programme. In the report it is not specified during which period the alleged misappropriation of funds took place. It is a matter of investigation. This Court in this petition under Section 482 Cr.P.C. cannot go into questions of fact. The Investigating Officer during investigation will go into details of the period of misappropriation and find out whether the alleged misappropriation was done during the period prior to leave period of the petitioner, and will come to the conclusion about complicity of the petitioner in this crime. I do not find any valid or legal reasons to quash FIR in this case at its threshold. In the result, the petition is dismissed. ___________________________________ JUSTICE SAMUDRALA GOVINDARAJULU 18th November, 2010 bud