MANAGIPET Vs. THE STATE OF TELANGANA

JUDGEMENT

(1.) The quash petitioner is the accused in C.C.No.6 of 2018 on the file of the I Additional Special Judge, SPE and ACB cases, Hyderabad. The crime registered is based on source information as Crime No.28/ACB-CIU-HYD/2011, dtd. 9/11/2011. The First Information Report (FIR) mentions at Column No.4 as suo moto registered the complainant/informant as per Column No.6 is Ch.Sudhakar, Deputy Superintendent of Police (DSP), CIU, ACB, Hyderabad. Column No.12 speaks on receipt of credible information that Sri M.Sarveshwar Reddy, DSP/OSD, aged 51 years of Gachibowli, a native of Wanaparthy Taluq, Mahabubnagar, joined as Sub Inspector of Police on 19/9/1985 and promoted as Inspector of Police on 4/4/1995 and as DSP in 2007, worked as Sub Inspector of Police at Rayadurgam, Hayathnagar, Malkajgiri and Circle Inspector of Police at Huzurnagar, Narsingi, Uppal, Rajendranagar and as ACP, Rajendranagar and presently OSD, Ranga Reddy District, Vikarabad acquired in the period of his service disproportionate assets with details in registration of the crime under Sec. 13(2) read with 13(1)(e) of the Prevention of Corruption Act, 1988 (for short 'the Act').

(2.) The FIR shows the accused officer is in possession of the assets worth Rs.3,18,61,500.00, which are disproportionate to the known sources mentioned and not satisfactorily accounted for. The total worth of the property against his savings of Rs.37.00 lakhs shown approximately Rs.3,55,61,500.00 in arriving the same. Having registered the crime on 9/11/2011 by citing as many as 114 witnesses including said Ch.Sudhakar, who conducted the house search in the presence of mediators LWs.1 and 2 at Venkatadri Apartment of the said accused officer facing accusation on 10/11/2011 and conducted investigation mostly and the others LWs.110 to 114 are the five more Investigating Officers, who conducted left over the investigation and filed draft final report and ultimately the approved final report. The other persons include the officials and non-officials, the person who registered the crime Ch.Sudhakar, DSP, main Investigating Officer, not separately shown as complainant, is LW.1, no doubt. The said proceedings of the police final report, taken cognizance and pending before the learned Special Judge as C.C.No.6 of 2018 is the present impugnment with several contentions.

(3.) In the course of hearing, there are mainly six contentions raised needless to elaborate word to word of the quash petition running in more than 17 paras with 12 pages;