HON’BLE SRI JUSTICE R. KANTHA RAO CRIMINAL PETITION NO.10372 OF 2010 DATE: 22-10-2010 BETWEEN: Chappidi Bhaskara Satyanarayana. - - - Petitioner/Accused. AND The State of A.P., Rep. by Public prosecutor, High Court of A.P., Hyderabad and another. - - - Respondents This Court made the following : HON’BLE SRI JUSTICE R.KANTHA RAO CRIMINAL PETITION NO. 10372 OF 2010 ORDER: This Criminal Petition is filed by the petitioner under Section 482 Cr.P.C., seeking to quash the entire proceedings in F.I.R. No.158 of 2010 on the file of Kothapeta P.S. East Godavari District. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the Respondents - State. Perused the material papers. The petitioner is Dealer of Fair Price Shop bearing No.36 in Avidi village of Kothapeta Mandal, East Godavari District. On 02-09-2010, Civil Supplies Deputy Tahsildar, Kothapeta, East Godavari District, inspected the fair price shop of the petitioner along with some other officials and found violations of Clauses 22 (V), 22 (iv), 22 (vi), 22 (vii), 2(2), 7(i) and 22 (iii) of A.P. State Public Distribution System (Control) Order, 2008, and some other irregularities which are mentioned in the inspection report of the Civil Supplies Deputy Tahsildar, Kothapeta. Basing on the report submitted by the Civil Supplies Deputy Tahsildar, the Revenue Divisional Officer, Amalapuram, suspended the authorization of the fair price shop of the petitioner vide proceedings bearing Ref.H/5012/2010, dated 06-09-2010. However, subsequently, the Tahsildar, Kothapeta, forwarded the copy of inspection report of the Deputy Tahsildar to the S.H.O. Kothapeta police station for registration of crime against the petitioner, which is read as follows : “In continuation to this office reference 5th cited, I am to inform that Sri Chappidi Bhaskara Satyanarayana, Dealer of F.P. Shop No.36, Avidi village, Kothapeta Mandal has violated the conditions under A.P. State Public Distribution System (Control) Order, 2008 and the authorization of the dealer was suspended by the Revenue Divisional Officer, Amalapurm, in the reference 4th cited under A.P. State Public Distribution System (Control) Order, 2008 for the above lapses. I therefore, request to file cheating Case U/s.420 I.P.C. against Sri Chappidi Bhaskara Satyanarayana, Dealer of F.P. Shop No.36, Avidi village, Kothapeta Mandal for diverting the commodity i.e., Kerosene Oil which is intended for public distribution.” Basing on the said report, the police registered a case in Crime No.158 of 2010, for the offence under Section 420 I.P.C. This Criminal Petition is filed to quash the entire investigation pertaining to the Crime registered on the basis of the report of the Tahsildar. The averments of the report submitted by the Tahsildar to the S.H.O. Kothapeta P.S. does not contain any facts except making a sweeping statement that the petitioner is responsible for diverting the kerosene oil which is intended for public distribution. Thus, the allegation is very vague and moreover, it does not constitute an offence punishable under Section 420 I.P.C. Conducting investigation basing on such a report is nothing but abuse of process of law. Therefore, this Court is of the considered view that to meet the requirements of the justice, the investigation shall not be allowed to proceed further. For the foregoing reasons, the entire investigation in F.I.R. No.158 of 2010, on the file of Kothapeta P.S., East Godavari District, is hereby quashed. The Criminal Petition is accordingly allowed. ________________ R. KANTHA RAO, J Dated: 22-10-2010 Note: Issue C.C. by 25-10-10. B/o.Dsh.