LAWS(APH)-2002-7-57

RAVIKRINDI RAMASWAMY Vs. STATE OF A P

Decided On July 16, 2002
RAVIKRINDI RAMASWAMY Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) The petitioners who are accused Nos.2 and 3 seek for quashing of the proceedings in CC No. 19 of 2000 on the file of the IV Additional Munsif Magistrate Court, Chittoor by invoking inherent powers under Section 482 Cr.PC.

(2.) A brief resume of the background of the facts is necessary. On the intervening night of 28/29-6-1996 at about 3 a.m., fire broke out in the godown of one A. J. Peter, which resulted in the destruction of red sander heart-wood including 9 cutting machines. The said A.J. Peter gave a report to Renigunta police at 9 a.m., on 29-9-1996. He is said to have inflated the stocks in the godown. The godown in said to have been insured under three policies with New India Insurance Company Limited for Rs.44.5 crores. On 27-11-1996 the Forest Officer by name Sri Chandrasekar Reddy gave report to the police stating that Al made false declaration regarding stocks stored in the godown in order to make unlawful gain. The police registered it as Crime No. 184 of 1996 of Renigunta Police Station, investigated, and filed charge-sheet on 17-4-19996 under Sections 199, 200, 204, IPC. The learned III Additional Munsif Magistrate, Tirupathi took cognizance of the offence under Sections 199, 200 and 204 of I.P.C. and registered it as C.C. 123 of 1997. It appears on the instructions of the Additional D.G.P. C.I.D., Hyderabad in C.No.3479/C.3/CID/96 dated 5-11-1997 the Inspector of Police C.I.D., Prakasam went to Nellore, made fresh investigation into the case which was continued by two more Inspectors. He filed additional charge-sheet before the Court of IV Addl. Munsif Magistrate, Chittoor. The learned IV Addl. Munsif Magistrate took cognizance of the case under Section 199, 200, 204 and 420 I.P.C. and registered it as C.C.No. 19 of 2000. The petitioner, who are accused Nos.2 and 3, assailed the said proceedings taking cognizance by the IV Addl. Munsif Magistrate, Chittoor on the ground that the police did not obtain any permission from the Magistrate and also the investigation was made by the agency other than the one that took up investigation.

(3.) The learned Public Prosecutor contends that the investigation has been properly conducted and it is not a fit case where inherent powers can be exercised.