HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.3291 OF 2008 DATE:22.07.2010 Between: N. Srinivasulu and another …… Petitioners. And: State of A.P., rep. by its PP, High Court of AP., Hyderabad. …..Respondent. HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.3291 OF 2008 ORDER: 1. The petitioners 1 and 2/A-2 and A-3 were working as Senior Assistant and Superintendent respectively in Road Transport Officer’s Office at Kadapa. They are accused of offences punishable under Sections 409 and 477(E) (mistake for 477(A)) IPC. It is a case of collection of amounts from outside transporters and non remitting of the same into Government Treasury, creating fake entries in the registers. Having regard to these allegations, this Court finds that no sanction under Section 197 Cr.P.C. is required in this case. It is not part of duty of any of the petitioners to misappropriate collections by making fake entries in the registers. 2. Prior to filing of the charge sheet by the police, there was departmental enquiry relating to the items mentioned in the charge sheet in which A-2 and A-3 were said to have misappropriated the amounts. 7th witness in the list appended to the charge sheet is the Enquiry Officer. After enquiry, he gave enquiry report in which the Enquiry Officer exonerated A-3/T.Basheer from all the items 1 to 10 covered by the charge sheet. The Enquiry Officer found that there was no misappropriation committed by A-3. The Enquiry Officer further traced the amounts which were credited in unconnected registers. Therefore, there was no misappropriation much less falsification of records by A-3. It is stated that the amount of the alleged misappropriation paid by A-3 under protest was refunded to him by the Government after the enquiry report. Therefore, this Court is of the opinion that the charge against A-3 for offences under Sections 409 and 477-A cannot stand. 3. In so far as A-2 N.Srinivasulu is concerned, in the enquiry report, the Enquiry Officer found that A-2 made five fake entries and misappropriated the amounts covered by those entries by pocketing the same after collecting from the transporters. A-2 was entrusted with the seat of collection and A-2 came into possession of the said amounts covered by the above five entries and appropriated the same for himself by making fake entries in the registers, as per the enquiry report. Therefore, it cannot be said that it is only a departmental lapse on his part and will not attach criminal liability to him. A-2 also paid the amounts covered by the alleged misappropriation. It further prima facie shows that there is temporary misappropriation of the amounts covered by the above five entries. 4. In the result, the criminal petition is partly dismissed in so far as the 1st petitioner/A-2 is concerned; and the criminal petition is partly allowed quashing proceedings in C.C.No.200 of 2006 on the file of II Additional Judicial Magistrate of the First Class, Kadapa in so far as the 2nd petitioner/A-3/T. Basheer is concerned. __________________________________ SAMUDRALA GOVINDARAJULU,J. Date:22.07.2010. Gk. HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.3291 OF 2008 Date:22.07.2010 Gk.