D. Laxamana Chary , D.L.Chary, S/O. Venkata Chary v. The State Of Telangana,
HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL PETITION No.3857 of 2015 ORDER:
The petitioner, who is accused No.5 in Crime No.46 of 2015 of Miryalaguda Rural Police Station, Nalgonda District, filed the present application under Section 438 Cr.P.C. seeking release in the event of his arrest in connection with the above crime registered for the offences punishable under Sections 409 and 420 IPC.
The allegations in the report are as under:
The State Government has launched a program under the name and style of "Indira Jala Prabha" to provide irrigation facilities to the SC/ST and small/marginal farmers by way of digging bore wells and open wells, and providing infrastructure in the selected blocks in Nalgonda District. For the said programme the District Collector would be the District Program Co-ordinator being assisted by Project Director, DWMA (District Water Management Agency). The above scheme is divided into nine clusters for effective implementation of the programme. Each cluster would be headed by Assistant Project Director being assisted by Field Assistant, Technical Assistant, Cluster Technical Assistant, Engineering Consultant and Geologist.
Initially the bore well users group (BUG) would be formed with not less than two farmers and with area not less than five acres extending upto ten acres. After formation of Bore well Users Group, the Geologist would be directed to conduct survey and submit feasibility report, basing on which estimates would be generated.
sanction and forward the same to District Collector, Nalgonda for administrative sanction. Certain complaints came to be received against the execution of the work in Miryalaga Cluster at Huzurnagar Mandal for implementation of the scheme. The Commissioner, R.D. Hyderabad ordered enquiry by the Joint Commissioner, Technical Officers and Chief Quality Control Officer, who inspected the works and submitted a detailed report against the petitioner herein, who is an Assistant Director, Agriculture Department working as Assistant Project Director, Miryalguda Culster on deputation.
He is alleged to have committed grave irregularities, fraud and cheating against to the norms of scheme thereby causing loss to an extent of Rs.2,33,18,835.00. The present crime relates to irregularities in B.Annaram, Ailapuram, Chintapally, Nandipadu and Alagadapa of Miryalaguda Mandal, where loss to an extent of Rs.1,35,111/- sustained by the Government due to irregularities committed by the petitioner and others.
Heard learned counsel for the petitioner and learned Public Prosecutor appearing for the respondent-State. The learned counsel for the petitioner mainly submits that the petitioner is innocent of the offences alleged against him and even accepting the allegations in report to be true no offence is made out against him. He further submits that the petitioner is only a Technical Assistant and his role is only to accord technical sanction and he is not the decision making authority. It is stated that he has to follow the instructions of the superior officials and that there was no negligence or intention to cheat on his part. Learned Public Prosecutor opposed the application contending that the petitioner colluded with other accused and at
his instance the entire work is being carried out. He submits that in view of the large scale fraud the petitioner is not entitled for any relief.
A perusal of the C.D. file which has been placed before the Court would show that the State Government has launched a program under the name and style as "Indira Jala Prabha" to provide irrigation facilities to SC/ST and small/marginal farmers by way of digging bore wells, open wells and providing infrastructure in the selected blocks in Nalgonda District. The program was divided into nine clusters for effective implementation. The petitioner is Technical Assistant pertaining to Miryalaguda Cluster at Huzurnagar Mandal.
Number of complaints came to be received with regard to execution of the work, more particularly in Miryalaguda Cluster at Huzurnagar Mandal. Commissioner, R.D. Hyderabad, ordered enquiry to be conducted by the Joint Commissioner, Technical Officers and chief Quality Control Officer, who after inspection of the works submitted a detailed report against the petitioner and others.
The averments in the First Information Report and the preliminary investigation done by the Joint Commissioner prima facie show the involvement of the petitioner in the commission of offence leading to huge financial loss to the Government. In view of the above, I am not inclined to grant anticipatory bail to the petitioner. Having regard to the circumstances of the case, the petitioner if so advised shall appear before the concerned Court and move an application for grant of bail before appropriate Court after giving notice to the Public Prosecutor, in which event the same shall be dealt with on merits in accordance with law either on the same day or at the earliest.
Accordingly, the Criminal Petition is dismissed. _________________________ JUSTICE C. PRAVEEN KUMAR 30.04.2015 knl HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL PETITION No.3857 of 2015
Date:30.04.2015 knl