THE HON’BLE SRI JUSTICE N.V. RAMANA W.P. No. 23268 of 2009 O r d e r: The petitioner states that he entered into an agreement with the District Collector, Medak, for preparation of ration cards for four mandals, namely Narayankhed, Kangti, Manoor and Kalher. The petitioner states that as per the agreement, the revenue officials should collect the cost of ICR forms, the cost of each of which is Rs.70/- and send the same to DPL operator for collection of data. While so, alleging that the petitioner had collected an amount of Rs.75,000/- from card holders towards ICR forms, respondent No.1, namely the Revenue Divisional Officer, Medak at Sangareddy, called for a report from respondent No.2, namely the Tahsildar, Narayankhed. Thereafter, based on the report, respondent submitted respondent No.1, without conducting any enquiry and without providing any opportunity, suo motu directed respondent No.2 to file a case. Accordingly, based on the directions of respondent No.1, respondent No.2 lodged a complaint against the petitioner, which is registered as F.I.R. No. 96 of 2008 on 23.08.2008 for the offences under Section 420 I.P.C. The petitioner contends that some other persons might have collected Rs.70/- from the cardholders, and according to him, even if it is assumed that the petitioner contrary to the agreement has collected Rs. 70/- from each card holder, respondent Nos. 1 and 2 are entitled to collect the same from the bills payable to him for the work done by him under the agreement, but they cannot initiate criminal proceedings, and the action of the respondents in initiating criminal proceedings against him, is abuse of process of law. Hence, the petitioner filed the present writ petition to declare the F.I.R. registered against him as illegal and arbitrary. On behalf of respondent Nos. 1 and 2, respondent No.2 filed counter. The learned Government Pleader for Civil Supplies appearing on behalf of respondent Nos. 1 and 2, reiterating the counter averments submitted that as per Para XIV of the instructions dated 12.11.2007 issued by the Joint Collector, Medak at Sangareddy, the Tahsildars in the District, have to collect Rs.70/- per IRIS based ration card from the beneficiaries while issuing the new IRIS based ration cards and remit the same to the Government. However, due to non- availability of staff, the then Tahsildar, Narayankhed, instructed the petitioner Sri. J. Srikanth Babu, Service Provide of Rakha Enterprises, to collect IRIS based ration card amount of Rs.70/- from each applicant before issuing fresh IRIS based ration cards. As per the said instructions, the petitioner collected an amount of Rs.75,000/- from card holders, but he failed to remit the same to the Government. He denied the contention that the petitioner did not collect the amount but some other person collected. This apart, it is stated that the petitioner has also not executed the work under the agreement, which is said to be causing lot of inconvenience to the cardholders. As the petitioner in spite of repeated demands, failed to remit the amount collected by him from the cardholders for issuing fresh IRIS based ration cards, respondent No.2 lodged complaint against the petitioner on 23.08.2008, which was registered as F.I.R. No. 96 of 2008 for the offence punishable under Section 420 IPC. Respondent No.3 also filed counter. The learned Government Pleader for Home reiterating the counter submitted that having registered F.I.R. No. 96 of 2008 against the petitioner, based on the complaint dated 23.08.2008 lodged by respondent No.2, he conducted investigation, and in the course of investigation, he recorded the statement of the witnesses, who in one voice corroborated the contents of the F.I.R. That the petitioner is absconding and that the case is pending investigation for want of certain documents and examining some more witnesses, and that he will file report/chargesheet once the investigation is completed. Heard the learned counsel for the petitioner, the learned Government Pleader for Revenue for respondent Nos. 1 and 2 and the learned Government Pleader for Home for respondent No.3. The petitioner is admittedly a service provider. Respondent No.2 states that due to paucity of staff, asked the petitioner to collect the amount of Rs. 70/- from each cardholder at the time of issuing fresh IRIS based ration card and deposit the entire amount to the credit of the Government, and that the petitioner having collected an amount of Rs.75,000/- from the cardholders, did not remit the same to the Government. Though the petitioner contends that if it all it is found that the petitioner has collected the amount from the card holders, the same can be deducted from his bills payable to him from the works done by him under the agreement, but I am unable to agree with such a contention. Collecting amount from the cardholders and not remitting the same to the Government, amounts to misappropriation and criminal breach of trust. Be that as it may, based on the complaint lodged by respondent No.2, respondent No.3 carried out investigation, and he states that the witnesses, whom he examined during the course of enquiry, in one voice corroborated the contents of the F.I.R., and that the petitioner is absconding and that the investigation is still pending for want of certain documents and examining certain other witnesses, and that the moment the investigation is completed, he will file report/chargesheet. The question as to whether the petitioner or some other person collected the amount of Rs.75,000/- from the cardholders, and failed to remit the same to the Government, is a matter of investigation. Since the investigation of the crime is pending, it is not proper for this Court to interfere with the investigation, and declare the F.I.R. registered against the petitioner, based on the complaint lodged by respondent No.2. For the foregoing reasons, there is no merit in the writ petition, and the same is accordingly dismissed. No costs. ________________ N.V. RAMANA, J Dated: 13th August, 2010 KSR