BONAM MARK Vs. STATE OF A P

JUDGEMENT

(1.) This petition is filed under Section 482 Cr.P.C. to quash the proceedings in CC.No. 41/97 on the file of the Judicial Magistrate of First Class, Jammalamadugu.

(2.) The facts in giving rise to the filing of this petition are, briefly, as follows:- The Sub-Inspector of Police, Muddanur filed charge-sheet against the petitioners alleging that the first petitioner is the President and the second petitioner is the Treasurer of Social Welfare Society for Weaker Communities, Maddunur. The said Society proposed to undertake Social Forestry Programme in the waste lands to Weaker Communities besides other activities. The National Waste Land Development Board, Ministry of Environment and Forest, Government of India sanctioned an amount of Rs. 2,24,2507- on 24-7-91 to the said Society to raise one lakh plants in nursery and to maintain then in growth in fifty hectares of private land of the beneficiaries of Eetamapuram village of Penagalur Mandal. The first instalment of Rs. 1,24,250 /- was released by the Board in favour of the said Society and the second petitioner drawn the said amount on 6-9-91 and deposited in the account of the said Society in Union Bank- of India, Cuddapah. The petitioners have drawn the said amount subsequently on different dates and failed to develop the Nursery in the proposed land and misappropriated the drawn amount. The said National Waste, Land Development Board, by letter dated 18-4-92 has requested the Principal Chief Conservator of Forests, to make spot evaluation of the work done by the said society for Weaker Communities and the same was forwarded to the Conservator of Forests on 11-6-1992 for enquiry and in turn it was forwarded to the Divisional Forest Officer, Cuddapah, and the Forest Range Officer inspected the Social Forestry, Waste Lands belonging to the said Society on 14-3-93 and 15-3-93 and did not find any nursery plants and not maintained by the petitioners-accused and also failed to supply the plants to the beneficiaries of the Society. He prepared a panchanama and submitted a report to the Divisional Forest Officer, Cuddapah accordingly. The Divisional Forest Officer submitted a report to the police and the police registered a case in Crime No. 91/95 under Sections 406,418 and 420 IPC on 2-10-1995 and issued F.I.R. and after completing the investigation filed charge-sheet on 5-11-1996.

(3.) The Court took the case on file under Section 406 IPC. Now the petitioners- accused filed this petition to quash the proceedings, mainly contending that the punishment prescribed for the offence under Section 406 IPC is only three years and the limitation for filing the charge-sheet is only three years and the Forest Range Officer inspected the waste lands belonging to the Social Welfare Society for Weaker Communities on 14-3-93 and 15-3-93 and found that the petitioners- accused failed to maintainany nursery plants and prepared a panchanama and thus the concerned authorities came to know about the commission of the offence on 15-3-93 and the charge-sheet should have been filed within three years from 15-3-93, but it was filed on 5-11-1996. Thus the charge-sheet is filed beyond the period of limitation and hence, not maintainable and he relied on a decision Smt. Rajeswari Ramakrishna, Managing Director, The Jeypore Sugars Limited (VVS Sugars) Chagallu and others vs. Sri C.Mam (Complainant) and State. He also relied on yet another decision ITC Agro-Tech Ltd.and others vs. Registrar of Companies, A.P.