Guttikonda Girinagh v. The State Of A.P

THE HON'BLE SRI JUSTICE RAJA ELANGO Criminal Petition No.4177 of 2016 ORDER:

This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash proceedings initiated against the petitioner/ accused in Crime No.13 of 2016 of Savalyapuram Police Station, Guntur District, registered for the offences punishable under Sections 409, 468 and 420 IPC.

Heard the learned counsel for the petitioner and perused the material.

The second respondent/de facto complainant lodged a complaint to the police stating that an amount of Rs.1.00 lakh was withdrawn on 11-10-2014 from S.B.

account bearing No.32303208806 being maintained by one Ch. Kamalakara Rao in State Bank of India, Vinukonda Branch without knowledge of the account holder and on internal inquiry, it came to light that one G. Girinagh, Field Officer of the branch, who had received the said money, had misappropriated the said amount and a disciplinary proceedings were initiated against him. Since the allegations alleged in the complaint are serious in nature, which have to be necessarily investigated by the investigating agency during the investigation, this Court is not inclined to interfere with the proceedings at this stage.

It is stated that though the alleged offence occurred in 2014, no investigation can be completed so far.

Considering the facts and circumstances of the case and in view of the fact that the alleged offence occurred in the year 2014, the police concerned are directed to complete the investigation as

early as possible and file final report, if any, before the concerned Court. In the event of necessity, the police concerned are directed to issue notice to the petitioner/accused for his appearance before the investigating agency for the purpose of investigation and on issuance of such notice, the petitioner/accused shall appear before the investigating agency and shall also give an undertaking for his future appearance in connection with the investigation into the alleged offences as and when required.

With the above direction, the Criminal Petition is disposed of. Consequently, miscellaneous petitions pending, if any, shall stand closed.

_______________ RAJA ELANGO, J Date: 29-03-2016 Ksn