Durgala Krishna Prasad vs State Of A.P., Another

The petitioner-accused No.14 filed this Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.), seeking to quash proceedings against him in C.C.No.818 of 2006 on the file of the Court of Judicial Magistrate of First Class at Bhongir, Nalgonda District, registered for offences punishable under Sections 403, 406, 418, 420, 423 and 506 of the Indian Penal Code, 1860 (IPC).

The second respondent is the de facto complainant in the case. For convenience sake, I refer the parties as arrayed in the Calendar Case.

A complaint was filed before the Court against the accused, which was forwarded to the S.H.O., Bhongir Town Police Station for investigation and report under Section 156 (3) Cr.P.C. The S.H.O. registered the case in crime No.28 of 2006 in respect of the said offences on his file. After completing the investigation of the case, he filed charge sheet in the case for offences punishable under Sections 420, 406, 408 and 419 IPC against the accused.

The allegations made in the complaint/charge sheet are as follows.

Accused No.1 approached the de facto complainant in the month of January 1998 and stated that they formed a society under the name and style of “Teachers’ Co-Operative Housing Society, Bhongir” (Society) for the benefit of teachers and were dealing with development of land in Survey No.763 with an extent of Acs.5.24 gts situated at Bommaipally Road, Bhongir Village, that they were going to obtain lay out and would make plots each with an area of 300 square yards for allotting them to the members of the Society. Believing that, the de facto complainant joined in the Society as member and also joined the scheme. Consequently, he paid Rs.6,000/- towards first instalment vide receipt No.25 dated 03.02.1998 signed by the accused No.3, the Treasurer of the Society. Later the accused Nos.2, 3 and 13 approached the de facto complainant for the 2nd instalment assuring that on payment of that, they would allot and register a plot in his name. Thereby, the de facto complainant paid Rs.13,000/- to them vide receipt No.41 dated 15.04.1998 signed by the accused No.2. Thereafter, the de facto complainant paid some more instalments but the accused postponed the allotment and registration of a plot as promised. Finally, when the de facto complainant consulted the President and Secretary of the Society, they stated that they were not in the governing body then existing to take necessary action. Thereafter, the de facto complainant got issued legal notice on 27.08.2005 to the governing body in existence. Further, on verification of relevant records of the Sub-Registrar Office, Bhongir, it is found that the accused cheated them by getting registered plots to five members without having authority. Hence, the complainant filed the complaint, which was later registered as crime No.28 of 2006 on the file of the concerned Police Station. On filing charge sheet, the case was registered as C.C.No.818 of 2006 by the Judicial First Class Magistrate at Bhongir, Nalgonda District.

Learned counsel for the accused No.14 contends that there are no specific allegations against the accused No.14 with regard to the alleged offences and in fact, the accused No.14 was the Vice President of the Society only from 1998 and by 2006, he was not the Vice President of the Society and hence, he cannot be connected with the alleged offences and even otherwise, there is no specific allegation against him in that context and hence, he cannot be prosecuted consequently and if he is still prosecuted, it is nothing but abuse of the process of law and therefore, the proceedings, which are against him, are to be quashed.

Learned Additional Public Prosecutor has opposed the Criminal Petition.

Learned counsel has filed copies of the registration of the Society and its Byelaws. The first one shows that the accused No.14 was the Vice President of the Society and the second one shows that he was not the Vice President of the Society by 2006. Therefore, it is to be seen as to whether there is any material against the accused No.14 in order to prosecute him for the alleged offences.

Pertinently it is alleged by the de facto complainant that the transaction in question was entered into by him following a circular issued along with lay out map in May 2001 whereas he claims that he paid necessary sale consideration and he approached the accused 1 and 2 to obtain a regular registered sale deed for the property and he also approached the accused Nos.6 to 8, i.e., the President, General Secretary and Registration Committee Member of the Society for necessary action (during 2005) but they did not respond him properly by reason of which he got issued legal notice dated 14.09.2005 to the accused Nos.6 to 8 in that regard for which also they did not respond. It is further alleged by him that he came to know that the accused Nos.9 to 11 got colluded with the accused Nos.1 and 2 and got registered the said sale deeds in favour of members and non-members without any authority. There is no specific allegation against the accused No.14 with regards to the transaction in question. It is important that the documents filed show that he was not the Vice President of the Society during the relevant period. So, without any basis, it is not proper to prosecute him. If still he is prosecuted, it is nothing but abuse of the process of law. As there is no prima facie case against the accused No.14, the proceedings which are against him are to be quashed.

In the result, the Criminal Petition is allowed quashing the proceedings, which are against the accused No.14 in C.C.No.818 of 2006 on the file of the Court of Judicial Magistrate of First Class at Bhongir, Nalgonda District. Miscellaneous petitions pending, if any, shall also stand dismissed.