HON’BLE SRI JUSTICE A. GOPAL REDDY CRIMINAL PETITION No.6701 OF 2007 DATE:24-09-2010 BETWEEN Mominige Anil Kumar …Petitioner AND State of A.P., By Sub-Inspector of Police, Rural Police Station, Nellore District, rep. by Public Prosecutor, High Court of A.P., Hyderabad & Another. …Respondents THIS COURT MADE THE FOLLOWING: HON’BLE SRI JUSTICE A. GOPAL REDDY CRIMINAL PETITION No.6701 OF 2007 ORDER: This petition under Section 482 of Code of Criminal Procedure has been filed to quash the proceedings against the petitioner in C.C.No.271 of 2006 pending on the file of Judicial First Class Magistrate, Venkatagiri, wherein he was charged for the offences under Sections 406, 408 and 409 IPC. The contents of the charge sheet disclose that A.1-petitioner herein is the Assistant Project Manager of Velugu of Rapur; A.2 is Community coordinator of Velugu of Rapur; and A.3 is President of Gonupalli Sanga Mitra. The Project Director, DRDA Velugu Project, Nellore released an amount of Rs.1,84,750/- for Tegacherla Sanga Bandham. A.2 deposited the D.D. in the Bank. The accused induced L.Ws.6 and 7 and misled them by saying the amount released was for Gonupalli Sanga Bandham. The accused drew the amount from Tegacherla Sanga Mitra account number of A.3. There was Rs.20,000/- in the account number of Gonupalli Sanga Mitra. The accused drew Rs.2,00,000/- from the account of Gonupalli Sanga Mitra. The accused drew Rs.2,00,000/- by deceiving one Ademma and Padmamma, and that they distributed to two groups an amount of Rs.10,000/- each. A.1 and A.2 made A.3 to mention in master book that Rs.54,500/- was given to Sitadevi group and Rs.60,000/- to Matamma group and Rs.75,000/- to Harita Group. A.1 to A.3 made the members to sign the master book, and that they distributed the remaining amount among themselves and committed criminal breach of trust. The petitioner being Assistant Project Director is under obligation to see that the amount would be distributed to the persons on whose accounts the same has been released since he would have domain over the property. The contention of the learned counsel for the petitioner that without prior sanction, the petitioner cannot be prosecuted for the alleged offences cannot be countenanced since the acts done by the petitioner are not in relation to performance of official duties. The allegations in the complaint prima facie disclose an offence of criminal breach of trust as specified under Section 405 IPC. Hence it is not a fit case to quash the impugned proceedings. The Criminal Petition is accordingly dismissed. _________________ A. GOPAL REDDY, J. SEPTEMBER 24, 2010 Tsr.