THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION NO.2040 OF 2010 Date: 28.12.2011 Between: Ghulam Ahmed …..Petitioner And The State of Andhra Pradesh, rep. by its Public Prosecutor, High Court of A.P., Hyderabad and another …..Respondents THE COURT MADE THE FOLLOWING: THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION NO.2040 OF 2010 ORDER: Heard. 2. This is a petition under Section 482 Cr.P.C. for quashing C.C.No.34 of 2009 on the file of the Court of Principal Sessions Judge for SPE & ACB Cases, City Civil Court, Hyderabad (trial court). It has been instituted by the CID Police. Petitioner is accused No.10 in the said case. The offences alleged in the above case are those punishable under Sections 420, 465, 467, 468, 471 and 477(A) read with Sections 109 and 120-B IPC and Sections 13(1)(d)(2) of the Prevention of Corruption Act, 1988 (for short Act). 3. The allegations in the above case disclose that the petitioner also joined other accused in drawing military pensions in a fraudulent manner acting on fake sanction orders. The plea of the petitioner is that as Sub- Treasury Officer he was only a disbursing authority for the money and that papers are checked by his higher officials and are forwarded to him and he will only act on those papers and his name also did not initially figure in the case. It should however be noted that the allegations in the charge sheet do disclose offences against him also. 4. Having regard to the allegations in the charge sheet and the fact that the petitioner as Sub-Treasury Officer was disbursing authority, I am of the opinion that he ought to have been careful in checking the papers for detecting any fraud at his end as he is also duty bound to detect the same while checking the papers for disbursing the money at his end. In these circumstances, an examination of the charge sheet allegations would show that the case against the petitioner is not baseless. The guilt or innocence of the petitioner has to be ultimately decided by the trial court. 5. Accordingly, this criminal petition is dismissed. ___________________________ JUSTICE N.RAVI SHANKAR 28th December, 2011 Tjmr THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION NO.2040 OF 2010 DATE: 28.12.2011