E. LAXMI REDDY Vs. STATE OF A.P.

JUDGEMENT

(1.) THIS petition is filed under Section 482 Cr.P.C. to quash the proceedings in C.C.No.616 of 2011 on the file of XIV Additional Chief Metropolitan Magistrate, City Criminal Courts, Namapply, Hyderabad.

(2.) SRI P. Veera Reddy, the learned senior counsel appearing for the petitioner submitted that institution of criminal proceedings against the petitioner is not maintainable for the following two grounds, viz., 1) Second respondent filed the complaint without following the due procedure as contemplated under Section 197 Cr.P.C; and 2) The allegations made in the complaint do not constitute any offence, much less the alleged offence under Section 500 IPC. Per contra, Sri J. Sudheer, the learned counsel for the second respondent submitted that there is no need to follow the procedure contemplated under Section 197 Cr.P.C. He further submitted that since the allegations made in the complaint satisfy the basic ingredients of Section 499 IPC, the complaint before the Court below is maintainable.

(3.) THE second respondent worked as Additional Director of Civil Supplies and retired from service on attaining the age of superannuation. He also worked as president of Civil Supplies Welfare Association (hereinafter referred as the association) while he was in government service. The petitioner has been working as Assistant Director of Civil Supplies department, Somajiguda, Hyderabad. After retirement of the second respondent, the petitioner was elected as president of the Association. However, the 2nd respondent was elected as honorary president of the Association. The petitioner and the respondent are acting as president and honorary president of the Association. In course of time, disputes arose between them in connection with the day to day affairs of the association.