HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.745 OF 2007 & CRIMINAL PETITION NO.746 OF 2007 Date: 28.01.2010 CRIMINAL PETITION NO.745 OF 2007 Between: Chapala Rathaiah and 364 others ……Petitioners And: The State of A.P., rep. by the S.H.O, S.N. Padu P.S Prakasam Division. ……Respondent. CRIMINAL PETITION NO.746 OF 2007 Between: Devarakonda Venkata Krishna Rao ……Petitioner And: The State of A.P., rep. by the S.H.O, S.N. Padu P.S Prakasam Division. ……Respondent. HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.745 OF 2007 & CRIMINAL PETITION NO.746 OF 2007 COMMON ORDER: These two petitions were filed under Section482 Cr.P.C questioning common order dated 29.01.2007 passed by the Sessions Judge, Prakasam District at Ongole in C.R.P.Nos.72 of 2006 and 1 of 2007. Those two revision petitions were filed by the petitioners herein against orders dated 26.10.2006 and 14.07.2006 passed by the III Additional Judicial Magistrate of the First Class, Ongole in Criminal M.P.Nos.2037 of 2006 and 1008 of 2006 in Crime No.36 of 2006 of Santanootalapadu police station respectively. Those two petitions were filed by the petitioners herein for interim custody of seized stock of rice of 93,830 kgs., from rice mill godown of A-1 and A-2 who are not parties herein. Crime No.36 of 2006 is pertaining to offences punishable under Sections 409 and 411 I.P.C against A-1 to A-3. Criminal Petition No.746 of 2007 is filed by A-3 who claims to be ‘Muta Maistry’. Criminal Petition No.745 of 2007 is filed by 365 petitioners who claim to be labourers. According to them, they worked under ‘Food For Work’ (F.F.W) programme and the said stock of 93,830 kgs., of rice was released under that scheme and after completion of the work these 365 labourers left the place to Telangana region for cooli work and therefore, F.F.W rice could not be distributed to them as the stock was released after gap of time. The Magistrate dismissed petitions of the petitioners in toto. In revision, the Sessions Judge, Prakasam District passed conditional order. Therefore, the petitioners approached this Court with these petitions. This Court by order dated 08.02.2007 gave liberty to proceed with auction of the seized rice and deposit the sale proceeds into court. It is stated that auction was conducted on 30.05.2007 and it fetched Rs.7,50,000/- for the seized rice. By the same order dated 08.02.2007, this Court directed the petitioners to produce all records for scrutiny whether any work was done, if so under the supervision of which officers, when the work was sanctioned, what were the works, what was the total quantity of the work, how many coolies were engaged per day etc., to enable this Court to scrutinize those records and to pass appropriate orders. The petitioners’ counsel placed certain papers before this Court today in pursuance of the said direction. The petitioners’ counsel further requested that the scrutiny may be ordered to be made by the Magistrate during enquiry of their claims, so that the petitioners would lead further oral as well as documentary evidence. In my opinion, the course suggested by the petitioners’ counsel appears to be proper. The Magistrate will be in a position to decide the question on facts after receiving oral and documentary evidence to be let in by the petitioners as well as by the other side. Therefore, both the petitions are closed, granting liberty to the petitioners to approach the III Additional Judicial Magistrate of the First Class, Ongole with fresh petitions under appropriate provisions of law making claim for the auctioned amount; in which event, the Magistrate is directed to conduct enquiry on the lines indicated above and pass appropriate orders. ___________________________________ SAMUDRALA GOVINDARAJULU,J Date:28.01.2010. Gk. HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.745 OF 2007 & CRIMINAL PETITION NO.746 OF 2007 Date: 28.01.2010 Gk.