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2024 DIGILAW 328 (AP)

B. Annapurna v. State

2024-03-07

VENKATA JYOTHIRMAI PRATAPA

body2024
ORDER : 1. The instant petition under Section 482 of Code of Criminal Procedure, 1973 [for short ‘Cr.P.C.’] has been filed by the Petitioner/Accused, seeking to quash the proceedings against him in Crime No. 42 of 2020 of II Town Police Station, Bhimavaram, West Godavari District which was registered for the offence punishable under Section 409 of the Indian Penal Code [for short ‘I.P.C.’]. 2. The present case has been registered against the Petitioner on the following allegations: (a) Petitioner has committed certain irregularities in discharge of her duties as a Surpanch of China Amiram Gram Panchayat. Based on report, the District Collector, West Godavari, Eluru had issued proceedings holding that the Petitioner has spent the amount for the purchase of the material without prior permission, which is irregular and procedural lapse on the part of the Petitioner. (b) Questioning the Order passed by the District Collector, the Petitioner preferred Revision before the Government, which was dismissed on the ground of limitation. (c) Thereafter, the Tahsildar, Bhimavaram was directed to file a criminal complaint against the Petitioner on the ground that she had failed to remit the amount along with penal interest, to the Gram Panchayat till that date. (d) Petitioner filed a W.P. questioning the Order of revision and also the consequential proceedings issued by the Government. (e) The Tahsildar, Bhimavaram also issued a notice dated 04.02.2020 to the Petitioner directing her to pay the amount within seven days from the date of receipt of the notice. Accordingly, Petitioner has paid the amount along with interest. (f) Before payment of the amount by the Petitioner, the complaint was filed, which is registered as a case in Crime No. 42 of 2020 of II Town Police Station, Bhimavaram, West Godavari District on 06.02.2020. 3. Aggrieved by the registration of the said crime, Petitioner/Accused filed the present petition seeking quashment of proceedings against her, on the following grounds: (i) Petitioner has spent the amount for the purchase of the material, however, without obtaining prior permission, which comes under procedural irregularity but does not fall within the ambit of Section 409 IPC. To attract the provisions of Section 409 IPC, there should be criminal breach of trust. (ii) The allegations made in the complaint do not constitute the alleged offence. To attract the provisions of Section 409 IPC, there should be criminal breach of trust. (ii) The allegations made in the complaint do not constitute the alleged offence. (iii) Though the Petitioner has paid the amount, as directed by the Tahsildar within the prescribed period, the criminal proceedings are initiated against the Petitioner, which is nothing but an abuse of process of law. (iv) The allegations made against the Petitioner are all false. Hence, prayed to quash the proceedings against the Petitioner. Arguments Advanced at the Bar 4. Heard Sri O. Manohar Reddy, learned counsel for the Petitioner and Ms. D. Prasanna Lakshmi, learned Assistant Public Prosecutor representing the State/Respondent Nos. 1 and 2. 5. Learned counsel for the Petitioner would submit that the Petitioner has been falsely implicated in the case without any truth or otherwise of the allegations mentioned in the complaint. It is pointed out that it has been alleged that the Petitioner misused the Government funds, which had been released for installation of CC Cameras including the internet at the godown of Adharana tools and the Petitioner had executed the works. It is contended that enquiry report cannot be the basis for lodging a criminal complaint against the Petitioner. 6. Learned counsel further submits that there are no ingredients to attract the offence punishable under Section 409 IPC against the Petitioner. Therefore, continuation of criminal proceedings against the Petitioner is an abuse of process of law. Hence, prayed to quash the proceedings against the Petitioner. 7. Refuting the same, learned Assistant Public Prosecutor would submit that there are specific allegations against the Petitioner for the commission of the alleged offence under Section 409 IPC. There are no grounds to quash the proceedings against the Petitioner at this stage. Hence, prayed to dismiss the petition. Point for Determination 8. Having heard the submissions of the learned counsel representing both the parties, now the point that would emerge for determination is: Whether there are any justifiable grounds for quashment of proceedings against Petitioner/Accused in Crime No. 42 of 2020 of II Town Police Station, Bhimavaram, West Godavari District which was registered for the offence punishable under Section 409 IPC? Determination by the Court 9. Determination by the Court 9. A bare perusal of Section 482 makes it clear that the Code envisages that inherent powers of the High Court are not limited or affected so as to make orders as may be necessary: (i) to give effect to any order under the Code or, (ii) to prevent abuse of the process of any Court or, otherwise (iii) to secure ends of justice. A court while sitting in Section 482 jurisdiction is not functioning as a court of appeal or a court of revision. It must exercise its powers to do real and substantial justice, depending on the facts and circumstances of the case. These powers must be invoked for compelling reasons of abuse of process of law or glaring injustice, which are against sound principles of criminal jurisprudence. 10. It is contended by the learned counsel for the Petitioner that the Petitioner was elected as Sarpanch of China Amiram Gram Panchayat in 2013. She has undertaken number of developmental activities in the Panchayat and also received Award in 2013. The said Panchayat was also awarded by the Central Government in the year 2015-16. Petitioner was asked to withdraw the writ petition filed by the Petitioner to drop the further proceedings in the criminal case and the writ petition was withdrawn on 23.06.2020. After withdrawal of the writ petition, revision was made to the District Collector to close the criminal case. Perusal of the record shows that the District Collector issued proceedings rejecting the revision on the ground that it was already registered. The proceedings of the District Collector are clear to the effect that the Petitioner never misappropriated any amount and it is only procedural irregularity as without obtaining prior permission, she had spent the amount for the development of the Panchayat. 11. Further, the Tahsildar, Bhimavaram Mandal, issued a notice dated 04.02.2020 to the Petitioner directing her to pay Rs.12,15,348/- with penal interest, within seven days from the date of receipt of the said notice. Accordingly, the Petitioner paid the said amount through challans on 14.02.2020 and 15.02.2020 and informed the same to the District Collector, West Godavari District through a letter dated 06.03.3020. Though, on 04.02.2020, the Tahsildar directed the Petitioner to pay the said amount within a week, lodged the present complaint on 06.02.2020, even without giving opportunity to the Petitioner till the period mentioned in the notice. 12. Though, on 04.02.2020, the Tahsildar directed the Petitioner to pay the said amount within a week, lodged the present complaint on 06.02.2020, even without giving opportunity to the Petitioner till the period mentioned in the notice. 12. In view of the above discussion, this Court is of the view that it is not a case of any misappropriation of Government funds but the same was used for the development of Gram Panchayat, however, without obtaining prior permission, which comes under procedural laches and no irregularities have been committed by the Petitioner intentionally. Therefore, this case does not fall under the ambit of Section 409 IPC, and hence, continuation of proceedings against the Petitioner is an abuse of process of law and the same are liable to be quashed. 13. Accordingly, the criminal petition is allowed quashing the proceedings against the Petitioner/Accused in Crime No. 42 of 2020 of II Town Police Station, Bhimavaram, West Godavari District which was registered for the offence punishable under Section 409 IPC. 14. Pending miscellaneous petitions, if any, shall stand closed.