P. TIRUPATAIAH Vs. STATE OF ANDHRA PRADHESH

JUDGEMENT

(1.) The present Criminal Petition is filed by the petitioner/ accused under Section 482 of Cr.P.C. to quash the proceedings in Crime No.159 of 2012 of Huzurabad Police Station, Karimnagar District, which was registered for the offence punishable under Section 420 of I.P.C.

(2.) The brief facts of the case are that the 2nd respondent gave a report to the Police, on receipt of a complaint from B.Ashok Kumar, Conductor, B.Veeresham, Conductor, B.Bapu Rao, Deputy Superintendent, Huzurabad Depot, B.S.Reddy, Driver and M.Anjaiah Driver, stating that the petitioner forged their signatures in the loan application forms and obtained personal loan of Rs.1,00,000/- and also educational loan of Rs.1,00,000/- from the Secretary, SBTS, Hyderabad and Secretary, SRBS, Hyderabad and on the preliminary enquiry, it would reveal that at the time of availing educational loan and personal loan, the petitioner had forged the signatures of the above said persons, thereby cheated the Corporation. Basing on the said report, the Police, Huzurabad, registered a case in Crime No.159 of 2012 for the offence punishable under Section 420 of I.P.C.

(3.) Heard learned Counsel appearing for the petitioner/accused, learned Assistant Public Prosecutor appearing for the 1st respondent/State, learned Counsel appearing for the 2nd respondent/de facto complainant and perused the record. Learned Counsel for the petitioner would submit that the petitioner worked as a Driver in A.P.S.R.T.C. and that there was no complaint against him in discharge of his duties. He further submits that the petitioner had applied for sanction of educational loan of Rs.1,00,000/- and personal loan to the tune of Rs.2,00,000/- and as such, he submitted the two applications to the Senior Clerk, who scrutinized and forwarded the same to the Head Office for sanction. The Head Office, A.P.S.R.T.C., sanctioned a sum of Rs.1,17,350/- towards personal loan and Rs.25,050/- towards educational loan. He further submits that due to political reasons a report was given against the petitioner alleging that he forged the signatures of the sureties of the loan. He further submits that the allegations made in the First Information Report even if they were taken on their face value and accepted in entirety do not make out an offence punishable under Section 420 of I.P.C. and prayed to quash the proceedings. He also submitted that the petitioner has already paid the entire loan amount and that he had retired from service on attaining the age of superannuation.