DASARI NARAYANA RAO Vs. B V S LAKSHMI

JUDGEMENT

(1.) This petition is filed under Section 482 Cr.P.C. to quash the proceedings in C.C.No. 140/90 on the file of the XVII Metropolitan Magistrate, Hyderabad. The 1st respondent has lodged a complaint under Section 200 Cr.P.C. alleging commission of offences punishable under Sections 420-B, 403, 406, 420 etc., of Indian Penal Code. The premise on which the private complaint was lodged is that during Godavari floods in the month of August, 1986, several villages of coastal districts of Andhra Pradesh got inundated, both the accused who are the petitioners herein have appealed through their newspaper, Udayam Daily, for donations and that the 1 st petitioner himself had declared donation of Rs. 25.000/- It is alleged that even though the 1st petitioner did not contribute Rs. 25.000/- as announced by him, he got collections to the tune of Rs. 4,06,871- 70ps. in a period of 4 to 5 months and that the total collection from general public was Rs. 4,06,871-70ps., apart from an amount of Rs. 17,245-51ps. collected by deducting a day's salary from the employees of Udayam out of the salaries payable for the month of September, 1986. It is alleged that the said deduction from the salaries of the employees of Udayam is without their knowledge and consent The sum and substance of the complaint is that both the petitioners have mis-appropriated the said amount and did not utilize for the sake of food victims. The above private complaint was filed into the court on 9-3-1990 and sworn statement of the complainant was recorded on 17-3-1990 and the complaint was taken cognizance en 3-5-1990 for the offences punishable under Sections 406 and 420 IPC.

(2.) After the registration of the complaint, the complainant was examined as PW1 on 4-10-1991. Then the complainant was absent on 20-1T-1991, 12-12-1991, 13-12-1991, 17-1-1992, 4-2-1992, 10-2-1992, 6-3-1992. She was present on 27-3-1992 and was further examined-in-chief and was cross-examined and also was re-examined on the same day. Then again she was absent on later hearing dates on 16-4-1992, 28-4-1992,2-6-1992 and 3-7-1992 and further evidence on her behalf was not produced. Then she filed an application before the court of Metropolitan Sessions Judge in Crl.M.P.No. 2111/1992 for transfer of the case to another court making some allegations against the Presiding Officer. Pending disposal of transfer petition, there was a stay.

(3.) Meanwhile, the petitioners have filed Criminal Petition No. 1084/92 stating that the complainant was abusing the process of court by lodging a private complaint and dodging the same and that the proceedings were fit to be quashed. A learned Judge of this Court by order dated 2-11-1992 dismissed the same directing the disposal of the matter by the lower court within 3 months from the date of the receipt of the said order. The said order was received by the court of Magistrate on 11-11-1992. On 24-11-1992, the Court of Metropolitan Sessions Judge, Hyderabad dismissed Criminal M.P.No.2111/ 92 making an observation that plea with regard to recalling PW1 for further examination can be made before the court of Magistrate. Then a petition was fled before the Court of Magistrate in Crl.M.P.No. 3053/92 on 15-12-1992 and the same was allowed on 25-1-1993. It was only, on 1-2-1993, the complainant was examined herself further and then the case was posted for consideration as to framing charges. Arguments for such consideration were advanced by both sides only on 17-2-1993 and it was called on 24-2-1993 for such consideration. But, on 24-2-1993, the orders regarding consideration were not passed and instead the Court of Magistrate has directed both the accused to be present in the court on 12-3-1993. At this juncture, the petitioners have again filed these quash proceedings and then stay was granted.