VANAM ANJAIAH Vs. STATE OF A P

JUDGEMENT

(1.) The facts of the matter in brief may be noticed. Third respondent filed a private complaint on the file of the Court of the First Additional Judicial Magistrate of First Class, Bhongir, Nalgonda District, showing the petitioner herein as accused. He alleged that by certain acts of malfeasance and misfeasance, the petitioner herein has committed offences punishable under Sections 167, 406, 409, 418, 465, 471 of the Indian Penal Code (hereinafter referred to as "IPC"), read with Section 79 (f) & (h) of A.P. Co-operative Societies Act, 1964 (hereinafter referred to as "CS Act"). The learned Magistrate referred the complaint under Section 156(3) of the Criminal Procedure Code, 1973 (hereinafter referred to as "Cr.P.C.")- whereupon, Rural P.S., Bhongir, registered Crime No.113 of 2002 under the said provisions. Aggrieved by the same, the petitioner filed the present application under Section 482 Cr.P.C., for quashing the crime.

(2.) The petitioner is, at the relevant time, the president of Primary Fisheries Co-operative Society, Bollepaly of Bhongir Mandal. It is alleged that, with a dishonest and malafide intention, the petitioner created false documents of resolution of the Managing Committee of the said society dated 27-4-1998, and got admitted six persons as members of the society. It is alleged that the petitioner forged the signatures of the members of the Managing Committee, so as to admit six persons, who are not qualified to be members of a cooperative society. The petitioner created false documents for showing them to the admitted members for personal and unlawful gain. Subsequently, all the members who are admitted by resolution dated 27-4-1998, were removed from the membership by the Cooperative Department. It is also alleged that the petitioner has committed criminal breach of trust and forged various documents, and thereby he committed various offences mentioned hereinabove.

(3.) The learned counsel for the petitioner submits that the petitioner is not a public servant and, therefore, the offences punishable under Section 167 of IPC and Section 79 (F) & (h) of CS Act are not applicable to him. She places reliance on a decision of this Court in Somsetti Lakshmi Narasimayya v. State of A.P.Nextly, she would urge that the allegations made in the complaint with regard to the offences punishable under Sections 406, 409, 418, 465 & 471 IPC are vague. Lastly, she would urge that the de facto complainant, second respondent herein, is a member of the society who was removed from the society and, therefore, he bore grudge and filed the present criminal case against the petitioner with a mala fide intention, after invoking the remedies under the CS Act for adjudication before the Arbitration. She also places reliance on the decision of the Supreme Court in Sunil Kumar v. M.S. Escorts Yamaha Motors Ltd.