GOONDLA VENKATESWARLU Vs. STATE OF A P

JUDGEMENT

(1.) Petitioner-A1 filed this petition under Section 482 Cr.P.C. for quashing the proceedings initiated against him for the offence under Section 448, 380, 384, 506 IPC in C.C.No.356 of 1996 pending on the file of Additional Judicial First Class Magistrate, Karimnagar.

(2.) The 2nd respondent-defacto complainant filed a complaint before the Magistrate and the same was referred to the police under Section 156(3) Cr.P.C. who after investigation filed a report before the Magistrate. On the protest application filed by the complainant, the magistrate after recording the statement of the complainant took cognizance of the offence and issued process. On issuing process the petitioner filed Crl.M.P. No.54 of 1997 seeking dismissal of the complaint alleging that in view of bar contained under Section 37 of the A.P. General Sales Tax Act r/w 197 Cr. P.C. without prior sanction petitioner, who was working as Assistant Commissioner (Intelligence) at the relevant time and who made the search of the business premises of the complainant in his official capacity, cannot be proceeded. Petitioner also filed Cr.P.No.4006 of 1997 before this Court and obtained stay of prosecution and when the said criminal petition is taken up for hearing it was informed about filing Crl. M.P. No.54 of 1997 for dismissal of the complaint. In view of the same, this Court disposed of Crl.P.No.4006 of 1997 directing the Magistrate to dispose of the Crl.M.P.N0.54 of 1997 within three months. On such disposal Crl.M.P.No.54 of 1997 was dismissed for default on 21-04-1997 and the said information has not been passed to the advocate at Hyderabad, which resulted in disposal of the Cr.P.No.4006 of 1997. Therefore, present petition is filed for quashing the proceedings.

(3.) A reading of the compliant clearly discloses that the accused along with others raided the shop-cum-house of the complainant on 24-10-1994 from 7 to 9.30 p.m. and took away bill books, cheques books and records and also Indira Vikas Patras worth Rs.2 lakhs forcibly without giving any acknowledgment or conducting any panchanama and forcibly obtained his signature on white paper and went away.