STATE OF A P Vs. V SARMA RAO

JUDGEMENT

(1.) Leave granted.

(2.) Interpretation of the provisions of Section 340 of the Criminal Procedure Code is in question in this appeal which arises out of a judgment and order dated 27.9.2002 passed by a Division Bench of the Andhra Pradesh High Court, whereby and whereunder a complaint petition filed by the District & Sessions Judge, Vishakhapatnam in terms thereof was quashed.

(3.) The basic fact of the matter is not in dispute. Lands situated in Pisinikada village in the district of Vishakhapatnam were acquired by the State of Andhra Pradesh for providing house-sites to the weaker sections of society. Awards in respect of the said acquisition were made by the Land Acquisition Collector. Reference thereagainst was made to the Civil Court at the instance of the owners of the land. A large scale fraud, allegedly, took place in awarding compensation wherein the Sub-ordinate Judge, Anakapalle, his staff, the advocates of the claimants, the advocates appearing on behalf of the State and other officials were said to be involved. Upon obtaining requisite permission from the High Court, the CBCID registered a case and investigation thereinto was carried on. In its report dated 4.5.1998, the Additional Director General of Police, CID, Hyderabad indicated about a large scale conspiracy and fraud committed by the accused persons. Allegations made as against the accused came within the purview of the offences specified under Section 195 of the Criminal Procedure Code as a result thereof an inquiry under Section 340 thereof was imperative. The High Court got the matter examined by a Special Committee. It was opined that an inquiry may be conducted by District Judge, Vishakhapatnam. The report of the said Committee having been approved by the Full Court of the High Court, an inquiry was made by the District Judge, Vishakhapatnam. The learned District Judge examined a large number of witnesses and ultimately filed a complaint on 1.5.1999, pursuant to the findings recorded therein. An appeal came to be filed thereagainst by respondents herein before the High Court, which was marked as Criminal Appeal No.587 of 2000. A learned Single Judge of the High Court, in view of the importance of the question involved, referred the matter to a Division Bench by an order dated 31.10.2000.