Muppala Chandra Shekar Raju v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE A. SHANKAR NARAYANA Crl.P.No.3554 of 2015

ORDER

The instant petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'the Code'), requesting to quash the proceedings in Crime No.276 of 2014 of I Town Police Station, Kadapa, YSR Kadapa District, for the offences punishable under Sections 406, 409, 420, 468 and 471 IPC read with Section 34 IPC, against the petitioner-A9.

2. Heard both sides and perused the material on record.

3. Learned counsel for the petitioner submits that the alleged prime accused, who is A1, in the very same crime, has filed Crl.P.No.12230 of 2014, wherein this Court, by order dated 26.09.2014, while disposing of the said petition, permitted the police to proceed with the investigation of the case in Cr.No.276 of 2014, however, directed the police not to arrest the petitioner during the pendency of the investigation. Learned Counsel, therefore, seeks to extend the very same relief to the present petitioner stating that merely because, the petitioner being the Village Revenue Officer has only given Residential Certificates to the so called loanees with regard to the loan transactions and the crime was registered on the ground that the loans were sanctioned indiscriminately to the non-existing beneficiaries to a tune of Rs.15 lakhs, by misusing the official capacity by one Kollam Bramhananda Reddy, who is A1 in the said crime.

4. Though, the learned Public Prosecutor opposed the request, however, submits that the benefit which was given to the first accused may be extended to the petitioner, who is arraigned as A9 in the said crime.

5. The Criminal Petition is disposed of, permitting the police to proceed with the investigation in Cr.No.276 of 2014 of I Town Police Station, Kadapa, YSR Kadapa District. However, the police are directed not to arrest the petitioner herein during the pendency of investigation. The petitioner is directed to cooperate for completion of investigation.

6. Accordingly, the Criminal Petition is disposed of.

7. As a sequel thereto, miscellaneous petitions, if any, pending in this criminal petition shall stand closed.

_________________________ A. SHANKAR NARAYANA, J 27th April, 2015 sj