ANISETTY VENKATA SUBBA RAO Vs. STATE

JUDGEMENT

(1.) The petitioner filed the petition under Section 482 Cr.P.C. to quash the proceedings in P.R-C.No. 4 of 2000 on the file of Mandal Executive Magistrate, Arakuvalley as illegal, arbitrary and contrary to law.

(2.) The brief facts of the case are as follows: The Sub-Divisional Police Officer, Paderu Sub-Division, Paderu laid charge-sheet against the petitioner and two others for offences under Section 306 IPC and under Section 3(2) (v) of SC and ST (Prevention of Atrocities) Act, 1989 in Crime No. 26 of 2000 of Arakuvalley Police Station. It is alleged in the charge-sheet that the deceased Janni Rama Rao was working as Asst. Executive Engineer in Tribal Welfare Department at Arakuvailey and he was staying in a rental housing quarters. ITDA in Quarter No. A/5. Janni Prakash Rao was also staying with the deceased to help in works. Janni Rama Rao was doing Baski road for formation of road and laying of metal and gravel. In the proceedings issued by the Project Officer, I.T.D.A., the work was estimated at Rs. 3.00 lakhs which was approved by the Dy. Executive Engineer. On verification of cheques in the Dy. Executive Engineer's office, the cheques issued by him to Asst. Executive Engineer were from 23-11-98 to 23-3-99 for total amount of Rs. 28,75,000/-. A sum of Rs. 26,50,000/- was given to the deceased Janni Rama Rao and the remaining amount of Rs. 1,75,000/- was given to Chandra Rao and a sum of Rs. 50,000/- to Ajay Kumar. The Dy. Executive Engineer used to issue cheques to Asst. Executive Engineer. The Work Inspector Murthy came to know that the labour payment and hire charges of road roller was not paid by the first deceased due to non-availability of amounts. The Asst. Executive Engineer was not able to ask advance amounts from the Dy. Executive Engineer. The Asst. Executive Engineer felt unhappy mentally. Smt. Lakshmi, wife of the Asst. Executive Engineer suspected that he developed illicit intimacy with one servant maid and there was a quarrel. On 18-6-2000 there was a quarrel. The Dy. Executive Engineer issued the cheques within four months without verifying the works which is against the procedure. As per the suicidal letter written by the deceased his wife died first and thereafter he also died. It was due to harassment caused by "Eenadu" press reporter Srinu who is A-1 and the pressure of Dy. Executive Engineer, who is A-2 and Executive Engineer, who is A-3. On the report, a case was registered and after investigation, the charge-sheet was laid by Sub-Divisional Police Officer, Paderu Sub-Division, Paderu.

(3.) The petitioner who is A-2 filed the petition contending that the ingredients of offence under Section 306 IPC or under Section 3(2) (v) of SC and ST (Prevention of Atrocities) Act, 1989 are not made out and therefore the proceedings under P.R.C. 4 of 2000 on the file of Mandal Executive Magistrate are liable to be quashed.