HON’BLE SRI JUSTICE A. GOPAL REDDY CRIMINAL PETITION Nos.806 & 808 OF 2007 DATE:19-08-2010 CRIMINAL PETITION No.806 OF 2007 BETWEEN P.V.S.Nageswara Rao …Petitioner AND The State of Andhra Pradesh, Rep. by its S.H.O., Mailavaram P.S., Through the Public Prosecutor, High Court of A.P., Hyderabad & Another. …Respondents CRIMINAL PETITION No.808 OF 2007 BETWEEN P.V.S.Nageswara Rao …Petitioner AND The State of Andhra Pradesh, Rep. by its S.H.O., Mailavaram P.S., Through the Public Prosecutor, High Court of A.P., Hyderabad & Another. …Respondents THIS COURT MADE THE FOLLOWING: HON’BLE SRI JUSTICE A. GOPAL REDDY CRIMINAL PETITION Nos.806 & 808 OF 2007 COMMON ORDER: Petitioner-A.3 filed these two petitions under Section 482 of Code of Criminal Procedure to quash the orders of IX Additional District and Sessions Judge (Fast Track Court), Krishna at Machilipatnam passed in Crl.R.P.Nos.63 and 70 of 2005, both dated, 27.09.2006 dismissing the revisions filed by the petitioner and confirming the orders passed in Crl.M.P.Nos.1645 and 2067 in C.C.No.1655 of 2002 on the file of I Metropolitan Magistrate, Vijayawada, dated 20.6.2005 and 1.8.2005 respectively, impleading the petitioner as A.3 to the charge sheet in exercise of powers under Section 319 Cr.P.C. Learned counsel for the petitioner contends that the petitioner is no way concerned with the misappropriation of the cheques bearing No.7273561, dated 21.1.1998 for a sum of Rs.89,670/-; and 7273562, dated 12.5.1998 for a sum of Rs.1,64,000/- as the said account was opened after 6.12.1995 i.e. after the petitioner handing over the charge to A.2. It is contended that the petitioner does not come under the purview of Section 409 I.P.C. in view of Section 21 I.P.C. and that the petitioner was unnecessarily dragged by A.2 in this case and therefore, the petitioner cannot be added as an accused. According to the prosecution case, A.1 was working as Mandal Development Officer, Mylavaram and A.2 was working as Junior Assistant in the same office. Prior to A.2, A.3-petitioner herein worked as Junior Assistant in the same office. He was attending to the Jawahar Rojgar Yojana scheme funds. The Mandal Development Officer, Mylavaram opened a Saving Bank Account in Union Bank of India in two separate accounts bearing Nos.8431 and 8004 during the year 1994 and 1996 respectively. Later on, on verification from the bank, three cheques bearing No.7273561 for Rs.89,670/-; 7273562 for Rs.1,64,800/- from the account No.8431 were honoured in the name of one K. Srinivasa Rao and also the cheque No.0037496 for Rs.67,000/- from the account No.8004 was honoured in the same name, dated 31.1.1998. The Sub-Collector, Vijayawada after conducting enquiry into the matter, sent a report to the Government against A.1 to A.3 for taking necessary disciplinary action for misappropriation of Government funds to a tune of Rs.3,22,070/-. Thereafter, P.W.1 sent a report to the concerned police against A.1 to A.3, on the basis of which, Mylavaram Police registered a case against A.1 to A.3 in Crime No.43 of 2001 under Section 409 I.P.C. During the course of investigation, it came to light that the cheques bearing Nos.0037495 and 7273563 were also found missing. But, however, the police laid the charge sheet deleting the name of the petitioner as accused. The case was taken on file against other accused, P.Ws.1 to 13 were examined and Exs.P.1 to P.55 were marked. At that stage, A.2 filed Crl.M.P.No.1645 of 2005 in C.C.No.1655 of 2002 to implead the petitioner herein as an accused stating that he was responsible for misappropriation of Government funds. The learned Magistrate after considering the evidence of P.W.13 coupled with Exs.P.1 to P.54 allowed the said application by order, dated 20.6.2005. At that stage, the petitioner herein filed Crl.M.P.No.2067 of 2005 to discharge him from the offence. The learned Magistrate, by order, dated 1.8.2005 dismissed the said petition. Hence, the petitioner filed the revisions being Crl.R.P.No.63 of 2005 and 70 of 2005 respectively. By the impugned order, the learned IX Additional District & Sessions Judge (Fast Track Court), Krishna at Machilipatnam dismissed both the revisions. Learned counsel for the petitioner contends that the petitioner had handed over the charge to A.2 and therefore, he is no way responsible with the misappropriation of Government funds. It is contended that at after investigation, the investigating officer filed the charge sheet deleting his name as A.3 and whereas, he was shown as L.W.5. It is not in dispute that the petitioner was earlier examined as P.W.5 and a suggestion was made to him that he got relationship with one Deputy Superintendent of Police and others and he admitted the same in evidence. During the course of trial, A.1 died and the case as against him was abated. As per the charge sheet, the petitioner dealt with the concerned branch prior to A.2 and dealt with the concerned papers and funds of the Jawahar Rojgar Yojana scheme. As per the prosecution story, the petitioner drew the amounts and misappropriated to a tune of Rs.3,22,070/- by converting the same for personal use. A.1 worked in the capacity of Mandal Parishad Development Officer from 3.7.1996 to 30.6.1998 and retired on 30.6.1998. A.2 worked as Junior Assistant. Prior to A.2, the petitioner dealt with the subject of Jawahar Rojgar Yojana scheme and C.I. wells and handed over the charge to A.2. In the examination, the petitioner as P.W.5 admitted that the Forensic Laboratory Report is against him. Admittedly, the Forensic Laboratory Report is against the petitioner and after considering the material documents, the learned Magistrate rightly impleaded the petitioner as A.3 since prior to handing over his charge to A.2, he dealt with the relevant records and funds of Jawahar Rojgar Yojana scheme as revealed from the investigation. In view of the same and as the petitioner will be given an opportunity to prove his innocence in the trial by adducing evidence, I see no ground to quash the impugned orders. The Criminal Petitions are accordingly dismissed. _______________ A. GOPAL REDDY, J. AUGUST 19, 2010 Tsr.