Chinnam Veronica vs State of A.P.

B. Seshasayana Reddy

This criminal petition has been taken out u/s 482 Cr.P.C., by A-3 in C.C.No.73 of 2011 on the file of Judicial First Class Magistrate, Jangareddygudem, West Godavari District.

A report came to be presented by M.Mukkanti, Tahasildar, Jangareddigudem alleging inter alia rice meant for Andhra Pradesh Social Welfare Residential Girls School''s hostel is being diverted through an auto bearing AP7 V 2540. Thereupon, the Revenue Divisional Officer along with LW-1-Mukkanti proceeded to A.P.S.W.Girls School and made a surprise visit. He noticed auto bearing No. AP 7 V 2540 kept in front of the hostel store room. The auto had a load of fifteen rice bags. After conducting panchanama, a report came to be presented by Lw-1-Mukkanti to the Station House Officer, Jangareddigudem P.S. Basing on the said report; a case in Crime No.213 of 2009 came to be registered. After completion of investigation, the Inspector of Police, Jangareddigudem filed charge sheet before the Judicial First Class Magistrate, Jangareddigudem. The learned Magistrate took the charge sheet on file as C.C.No.73 of 2011.

Hence, this petition by A-3 to quash the proceedings therein.

Heard learned counsel appearing for the petitioner and learned Additional Public Prosecutor appearing for the respondent-State.

Learned counsel appearing for the petitioner submits that the investigation does not reveal participation of the petitioner herein and therefore, continuance of proceedings against the petitioner in C.C.No.73 of 2011 amounts to abuse of process of law.

I have gone through the charge sheet averments and also the list of witnesses enclosed to the charge sheet. The accusation levelled against the petitioner is that he along with other accused conspired together to misappropriate rice meant for use in Andhra Pradesh Social Welfare Girls School of Jangareddigudem. The students of the School have been examined during the course of investigation. They are listed at Sl.Nos.5 to 8 in the list of witnesses. They speak of the participation of the petitioner in the conspiracy to misappropriate rice meant for use in Social Welfare Girls'' Hostel, at Jangareddigudem. Indeed A-1 and A-2 seems to have made an effort to quash the proceedings and their efforts proved to be futile. This fact is evident from para (6) of the charge sheet. In that view of the matter, I do not see any valid ground to interfere with the proceedings against the petitioner in C.C.No.73 of 2011 on the file of Judicial First Class Magistrate, Jangareddigudem.

Accordingly, the Criminal Petition is dismissed.