HON’BLE SRI JUSTICE G.BHAVANI PRASAD Criminal Petition No.6660 of 2009 Dated : 25.08.2009 Between : K.Durga Prasad ….. Petitioner a n d The State of A.P. and another ….. Respondents HON’BLE SRI JUSTICE G.BHAVANI PRASAD Criminal Petition No.6660 of 2009 ORDER: Heard Sri Y.Lakna Reddy, learned counsel for petitioner, and Sri A.Ramesh, learned counsel representing the learned Public Prosecutor, for the first respondent. No notice is being ordered to the second respondent as the matter is being disposed of at the stage of admission. The second respondent gave a written report to the Police claiming that he joined as a Mandal Co-ordinator in Durga Charitable Trust, Hyderabad, and the said Trust, with the help of volunteers who paid Rs.1300/- each, has collected monies from groups of women to enable them to be empowered and Rs.6,56,750/- was collected in total from 230 groups. The second respondent further alleged that nothing was repaid to anybody and no volunteer was paid any salary, who were promised to be paid a monthly salary of Rs.3500/- each. On the said report, an offence under Section 420 of the Indian Penal Code was opined to be involved leading to the registration of crime No.61 of 2008 on the file of Tandur Police Station of Adilabad District. The crime is under investigation and the petitioner relies on a memorandum of understanding said to have been entered into between him and the second respondent on 02.05.2008 leading to the issuance of a post dated cheque dated 15.11.2008. A copy of the memorandum of understanding filed by the petitioner, of course, shows that Rs.9,20,000/- has to be paid by the Trust to the second respondent towards which the post dated cheque was issued as security and the second respondent had to co-operate with the petitioner to verify through the D.C.O. and the Trust was stated to be having the liberty to supervise the activities through the concerned D.C.O. from the date of memorandum of understanding. The petitioner complains that the second respondent is not co-operating with the execution of the terms and conditions of the memorandum of understanding and had resorted to this complaint. But the disputes between the petitioner and the second respondent are not germane to the allegations against the petitioner about collection of monies from groups of women for their empowerment and non-payment of salaries to the volunteers, which have to be allowed to be investigated into by the statutory investigating agency without any interim intervention at the inception in exercise of inherent jurisdiction. Such inherent jurisdiction is available only in rarest of rare cases and has to be taken recourse with great care, caution and circumspection and when the allegations involved allege non refund of amounts to groups of women and non-payment of salaries to the volunteers by the Trust, it will not be in the interests of justice to nip the investigation in the bud. Therefore, the criminal petition cannot be sustained and it is dismissed. ______________________ G.BHAVANI PRASAD, J 25th August, 2009 SUR