Umesh Kumar vs State Of A.P.And Anr

2. Facts and circumstances giving rise to these appeals are that:

H. Umesh Kumar, appellant, asked the Govt. of A.P. to hold an investigation on the basis of the certified copy of the sale deeds against respondent no.2. In the meanwhile, on 26.9.2011, the Investigating Officer filed a statement in the court that unless the said Shri T. Sunil Reddy was granted pardon, there would be no evidence against Umesh Kumar. The trial court vide order dated 10.10.2011 accepted the application of Shri T. Sunil Reddy and granted him pardon and made him an approver. However, the said order dated 10.10.2011 was quashed by the High Court vide judgment and order dated 1.4.2012 in Writ Petition No. 31927 of 2011 filed by Umesh Kumar, appellant.

3. The matter was heard at length and after considering the gravity of the allegations against respondent no.2 and his alleged involvement, this court issued notice to him suo motu and after hearing his counsel he was impleaded as a respondent.

When the matter was referred by the State Government to the Addl. D.G.P. directly without informing respondent no.2 to hold an enquiry to find out whether the signature of Shri M.A. Khan, M.P. was genuine and about the existence of the Samithi, in such a situation, respondent no.2 had no business to interfere with the matter and pass any order. The enquiry had been entrusted to the Addl. D.G.P. However, the said Addl. D.G.P. further entrusted the same to the Deputy S.P. who arrested one Shri T. Sunil Reddy, made him an approver and got his statement recorded naming Umesh Kumar. Before the report submitted by Shri Malla Reddy could reach the State Government, respondent no.2 directed that an FIR be lodged without waiting for the direction of the State Government. Since by that time, respondent no.2 had been appointed as D.G.P., A.P., unofficially, he had been in contact with Shri M.A. Khan, M.P., and created a situation where the enquiry could be directed only against Umesh Kumar, appellant.

8. The facts are not in dispute. The letter dated 22.4.2011 purported to have been written by Shri M.A. Khan, M.P., suggests that various properties had been purchased by respondent no.2 as benami and the copies of the sale deeds etc. filed alongwith the said letter fortify the same. The Government of India wrote a letter to the Chief Secretary, Govt. of A.P. on 5.5.2011 to conduct an enquiry in respect of alleged disproportionate assets made by the respondent no.2 by purchase of huge lands either by himself or in the name of his wife or through benamis. Shri M.A. Khan, M.P. vide letter dated 23.5.2011 pointed out to the Central Government that he had not signed the complaint and his signature had been forged. Umesh Kumar, appellant had asked the State Government to conduct an enquiry in respect of the disproportionate assets of the respondent no.2.

(iv) Step four, whether proceeding with the trial would result in an abuse of process of the court, and would not serve the ends of justice?”

18. Thus, in view of the above, it becomes evident that in case there is some substance in the allegations and material exists to substantiate the complicity of the applicant, the case is to be examined in its full conspectus and the proceedings should not be quashed only on the ground that the same had been initiated with mala fides to wreak vengeance or to achieve an ulterior goal.

Complaint against Respondent No.2:

31. In view of the above, we have no hesitation to hold that the Chief Secretary had the audacity not to ensure the compliance of the order of this court dated 24.7.2013, and we have no words to express our anguish and condemn the attitude adopted by the Chief Secretary. More so, holding such a responsible post in the State, he must have some sense of responsibility and should have been aware of what are the minimum requirements of law, and even if he did not know he could have consulted any law officer of the State before filing the undated affidavit.

33. In view of the above, the appeals are disposed of directing the CBI to investigate the matter against Shri V. Dinesh Reddy – respondent no. 2 on the allegations of acquiring the disproportionate assets. However, this should not be considered as expressing any opinion upon the merits of the case. The Chief Secretary to the Government of Andhra Pradesh is directed to make the copies of the said sale deeds available to the CBI for investigation.

34. Case of Umesh Kumar – appellant would proceed before the Trial Court as explained hereinabove.

A copy of the judgment and order be sent to the Director, CBI, forthwith. The CBI shall submit the Status Report to this Court within four months.