P.VENKAT REDDY Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition is filed under Sec. 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') to quash the proceedings initiated against the petitioner/accused No.14 in CC.No.110 of 2018 pending before the XII Additional Chief Metropolitan Magistrate, at Nampally, Hyderabad, registered for the offences punishable under Ss. 406, 420, 120-B read with Sec. 34 of the Indian Penal Code, 1860 (for short 'the IPC') and Sec. 38 (2) (3) (4) of Andhra Pradesh Mutually Aided Co-Operative Societies Act, 1995 (for short 'the Act').

(2.) The brief facts of the case are that the respondent No.2/de facto complainant lodged a complaint stating that the Registrar of Mutually Aided Co-Operative Societies, Andhra Pradesh, Hyderabad (hereinafter referred as 'Registrar of Society') vide proceedings bearing No.11864/2011/HR-4 dtd. 22/2/2012, ordered inquiry under Sec. 29(2) of the Act, of the Andhra Pradesh High Court Employees Mutually Aided Co-Operative Housing Society Limited, Hyderabad (for short 'Society') and appointed the Divisional Cooperative Officer, Secunderabad Division, Hyderabad, as the Inquiry Officer to inquire into the functioning and to look into the gross violation of the provisions of the Act.

(3.) The Inquiry Officer was appointed to look into the issues pertaining to allegations covering the period from the date of registration of Society i.e., from 29/7/2003 ; failure of ADHOC Committee to conduct election as per Sec. 23(i) of the Act; failure of management to arrange audit of its accounts as per statutory provisions prescribed under Sec. 27 of the Act ; failure of Management Committee to discharge its duties as specified under Sec. 23 of the Act (bye-law No.44); failure to file annual returns with the Registrar as per Sec. 34 of the Act; violation of terms and conditions stipulated in G.O.Ms.No.633 dtd. 17/11/1992 Admn (Service) Department; not furnishing the annual returns for the year 2003-2007 under Sec. 34 of the Act, 1995 to the Registrar of Society; failure in handing over of expenditure vouchers worth Rs.4,83,826.00 for the period of 2005-06 to 2009-10 ; management of accounts without proper vouchers, cash book or other books of accounts arranged for audit of the society for the year 2003-2010 and; failure in producing the plans and estimates measurement book records bills for the civil works under taken by the society, as well as, the contractor, and the approval of managing committee was not shown for verification.