V. JANARDHANA BABU Vs. STATION HOUSE OFFICER

JUDGEMENT

(1.) THESE Writ Petitions are being disposed of by this common order as they all seek quashing of Crimes in the respective petitions.

(2.) HEARD the learned Counsel for the petitioners and the learned Counsel for the respondents.

(3.) IN the complaint it was alleged that the petitioners along with others formed into a ring and concocted a plan to dole out 7 pieces of society land meant for public utility in the name of lease for 50 years entering into a clandestine understanding with some members and accepted graft in huge amounts and they termed this operation as Build, Operate and Transfer (BOT) and showed in the file that they issued notification in the press calling for open tenders or by other means of Media and they have also cooked up the record in their favour without following the due procedure for this transaction. The entry in the file as to cheques issued as EMD were all bogus and the Accountant of the Society had given a statement that neither tenders nor cheques were received from anybody. It is further stated that Sri T. Sreenivasulu, Joint Registrar, Managing Director, had submitted the inquiry report under Section 51 of the Andhra Pradesh Cooperative Societies Act on the so called BOT transaction by the Society and recommended for criminal action for criminal breach of trust under IPC and other relevant Sections. The statutory enquiry under Section 51 of the Andhra Pradesh Cooperative Societies Act also brought out five irregularities in the functioning of the Society and they also constituted various offences punishable under the Andhra Pradesh Cooperative Societies Act and IPC. It was alleged that the transactions were done by tampering the records by incorporating false resolutions.