THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION No.4699 of 2010 ORDER: This Criminal Petition is filed by the petitioner seeking to quash the proceedings in Crime No.96 of 2010 on the file of Dachepalli Police Station, Guntur District, which was registered against the petitioner on 14.05.2010 for the offence under Section 409 IPC. The brief facts of the case are that the petitioner, Ex BCR Postal Assistant, while working as Sub Post master, Dachepalli Sub Post Office, kept shortage in cash and stamp balances of office account to a tune of Rs.76,907/- and that on the basis of the report given by the Superintendent of Post Offices, Narasaraopet Division with regard to the said misappropriation which occurred prior to 08.08.2003, a case in Crime No.96 of 2010 of Dachepalli Police Station has been registered against the petitioner and as stated supra, the same is questioned in this Criminal Petition. This Court while issuing notice before admission and granting interim stay on 07.06.2010, ordered notice to the second respondent and also permitted the learned counsel for the petitioner to take out personal notice to the second respondent and file proof of service. It appears that the personal notice was served on the second respondent on 16.06.2010, but, he has not choosen to enter his appearance through an advocate. Heard the learned counsel for the petitioner and the learned Public Prosecutor appearing for the State. It is mainly contended by the learned counsel for the petitioner that in the light of the said misappropriation, the petitioner was kept under suspension, disciplinary proceedings have been initiated and after affording opportunity, such as issuing notice, calling for explanation, to the petitioner, he was dismissed from out of the service. The petitioner gave a representation on 07.01.2006 requesting the competent authority to show mercy. In the light of the said representation, the Post Master General, Vijayawada Region, Vijayawada, who is the competent authority, again looked into the matter and passed a fresh order on 17.01.2006 and the order of dismissal is modified as “compulsory retirement”. He further submitted that the alleged offence is prior to the year 2003 and the petitioner had sufficiently been punished i.e., he lost his job and in those circumstances, he prays that the said proceedings i.e., the case in Crime No.96 of 2010 of Dachepalli Police Station registered against the petitioner may be quashed. In the light of the submissions made by the learned counsel for the petitioner, this Court looked into the record. From a perusal of the record, it is clear that the petitioner had misappropriated the said amount and he was initially dismissed from out of service. However, on a representation made by him, the said punishment of dismissal from service is modified to that of compulsory retirement. Initiation of disciplinary proceedings and taking disciplinary action cannot be said to be coming in the way of launching of prosecution and parallel proceedings can definitely go on. However, in the instant case, taking into account the fact that the petitioner is aged about 65 years and he was sufficiently punished i.e., he lost his job, this Court is of the view that a lenient view can be taken on him and the said proceedings against him can be quashed. Accordingly, the Criminal Petition is allowed and the proceedings in Crime No.96 of 2010 on the file of Dachepalli Police Station, Guntur District, registered against the petitioner on 14.05.2010, are hereby quashed. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 19th January 2011 DR