HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.5283 of 2013 Date: 15-7-2014 Between Moka Venu Kumar … Petitioner/ Accused No.1 and Yerradla Sudhakar Reddy … Respondent/
De facto Complainant
State of A.P., Rep. by Public Prosecutor, High Court of A.P., Hyderabad … Respondent HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.5283 of 2013 Order:
Quashment of C.C.No.220 of 2013 on the file of the Judicial Magistrate of First Class, Huzurnagar, Nalgonda District is sought by accused No.1 through the present petition. The 1st respondent is the de facto complainant.
2. The petitioner is the Plant Manager of Sitapuram Power Limited. A private complaint was lodged against three accused for the offence under Section 420 IPC.
The learned Judicial Magistrate of First Class, Huzurnagar took the case on file for the offence under Section 420 IPC. The petitioner/accused No.1 challenges the same.
3. Curiously, it is the case of the 1st respondent/
de facto complainant that the Company resorted to cheating. There was no allegation against the petitioner that he actively assisted M/s. Sitapuram Power Ltd., to commit cheating.
4. M/s. Sri Vishnu Cement Limited purchased certain land with a view to start a joint venture with Sitapuram Power Ltd. A lease deed was executed on 21-12-2005.
Sri Vishnu Cement Ltd., would appear to have surrendered the land later in exchange for other lands. The land surrendered belonged to M/s. Sri Vishnu Cement Ltd.
Sri Vishnu Cement Ltd., subsequently was acquired by Zuari Cements Ltd. Sitapuram Power Ltd., indeed runs its plant but merely as a lessee. If there is any cheating, it was on the part of M/s. Sri Vishnu Cement Ltd., succeeded by Zuari Cements Ltd. Assuming that Sitapuram Power Ltd., committed the offence of cheating, the same is not arrayed as an accused. The Plant Manager of Sitapuram Power Ltd., as well as the Deputy Engineer and Assistant Engineer of NSP Canal (Nagarjuna Sagar Project Canal) alone are arrayed as accused. Where no allegations are made against the petitioner/accused No.1 but allegations are made against Sitapuram Power Ltd., the petitioner cannot be prosecuted. The prosecution of the petitioner/accused No.1 is misconceived and is liable to be quashed.
5. This criminal petition therefore is allowed. C.C.No.220 of 2013 on the file of the Judicial Magistrate of First Class, Huzurnagar, Nalgonda District is quashed so far as the petitioner/accused No.1 is concerned.
The miscellaneous petitions, if any, pending in this petition shall stand closed.
Dr. K.G.SHANKAR, J.
15th July, 2014. Ak HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.5283 of 2013 15th July, 2014. (Ak)