MOHD. GHOUSE MOHIUDDIN Vs. STATE OF A.P.

JUDGEMENT

(1.) This criminal petition is filed under section 482 of Criminal Procedure Code, 1973 (for short "Cr.P.C.") to quash the proceedings in C.C.No.27 of 2017 on the file of Special Protection and Enforcement and A.C.B. Judge, Vijayawada Krishna District, for the offences punishable under Sections 420 and 506 of Indian Penal Code (for short "I.P.C.") and under section 9 of Prevention of Corruption Act, 1988 as the prosecution is illegal, arbitrary and abuse of process of law.

(2.) The petitioners are the accused in the above C.C.No.27 of 2017 pending before the A.C.B.Court, Vijayawada registered on the basis of complaint lodged by defacto complainant - P.Suryaprakash Reddy alleging that he developed acquaintance with the petitioner No.1, who in turn induced the complainant to part with amount for securing employment, as he had connections with several IAS and IPS officers working in Central and State Government Services, who are his batch mates during the course of civil services at Delhi, believing the words of the petitioner No.1, complainant along with L.W.2 - M.Kondala Rao and L.W.4 - Y.Venkateswarlu went to the house of the petitioner No.1 and the petitioner No.1 induced them to pay an amount of Rs. 14,00,000.00 for securing the post of Sub-Inspector, accordingly they paid an amount of Rs. 14,00,000.00for securing the post of Sub-Inspector. It is further alleged that he paid an amount of Rs.

(3.) Petitioner No.1 is working as a Professor in Political Science in Sir C.R.Reddy College, Eluru, West Godavari District, which is a private institution and he did research on Indian Police System and was awarded Ph.D. by Andhra University, Waltair. In the year 2013, one Mr. Mallidi Adi Reddy (L.W.5) approached the petitioner No.1 and informed him that he was being harassed and pressurized to effect compromise with his opponent party by Dr. Raghuram Reddy, I.P.S., the then Superintendent of Police, Prakasham District and other police officers subordinate to him in connection with a land dispute, which is the subject matter of the case in Crime No.25 of 2013 of Rural Police Station, Ongole, Prakasham District and sought his help. Petitioner No.1 got a representation prepared and facilitated L.W.5 - Mr. Mallidi Adi Reddy to present the same to the Registrar, I/o. Lokayukta, Hyderabad and Mr. Kaumudi, IPS, the then Additional Director General of Police, Law and Order, A.P., Hyderabad. The representation submitted to the Registrar, I/o. Lokayukta, Hyderabad was numbered as C.No.2306/2013/B1. Mr. Kaumudi forwarded the representation received by him to Sri Ravi Gupta, I.P.S., the then Inspector General of Police, Guntur for enquiry. Sri Ravi Gupta conducted enquiry and found fault with Mr. Raghuram Reddy, the then Superintendent of Police, Prakasham and issued a pungent memorandum to the latter and that the investigation in the said case in Crime No.25 of 2013 has been taken up by CID, AP, Hyderabad vide C.No.7052/C31/CID/2011, dated 31.08.2013 of Additional DGP, CID, A.P., Hyderabad. Dr. Raghuram Reddy, IPS, the then Superintendent of Police, Prakasam District who had some personal interest in the said case felt crest fallen with the memorandum issued by Sri Ravi Gupta, IPS, the then Inspector General of Police, Guntur and transfer of the said case to CID. Through enquiries, he learnt that the petitioner No.1 is behind L.W.5 -Mallidi Adi Reddy, developed grudge against the petitioner No.1 and waiting for an opportunity to take revenge against him. Subsequently, he was transferred as Superintendent of Police, Kurnool District and served there for brief stint and later he was transferred as Superintendent of Police, West Godavari District, Eluru. Sri Dinesh Reddy, IPS, former Director General of Police, AP, Hyderabad, who was close to the petitioner No.1, later developed grouse due to comments about his political entry, therefore, Sri Dinesh Reddy conspired with Dr. Raghuram Reddy, the then Superintendent of Police, West Godavari district foisted the present case through the complainant herein, who is resident of Ongole. It is further alleged in the present petition that the present case is foisted at the behest of police officer with malafide, fraudulent and dishonest intention to wreck vengeance against him.