C.H.VENKATESHWARULU Vs. GENERAL ADMN

JUDGEMENT

(1.) The petitioner, by name Ch.Venkateswarlu, accused in C.C.No.500 of 2015, taken cognizance against him for the offence punishable under Section 409 of Indian Penal Code (for short, 'IPC'), by the learned I Additional Judicial Magistrate of First Class, Kothagudem, which is outcome of Crime No.133 of 2013 of I Town Police Station, Kothagudem, from the report of the Senior Regional Manager, Indian Overseas Bank, Hanamakonda, Warangal District, 3rd respondent to the quash petition, impugning the said crime when the police final report taken cognizance by the learned Magistrate for the offence supra, filed the quash petition. The respondents 1 & 2 are the State of Telangana, represented by learned Public Prosecutor and the Station House Officer, Kothagudem concerned Police Station supra.

(2.) The contents of the Crime No.133 of 2013, which was registered on 22.04.2013 for the offence punishable under Section 409 IPC by the I Town Police Station, Kothagudem, from the report of 3rd respondent-Senior Regional Manager, Indian Overseas Bank, Hanamkonda, by name Kotapuri Jeevanandam, the then, against the petitioner named Ch.Venkateswarlu as accused referring as Senior Manager, Indian Overseas Bank, Singareni Collieries Head Office Branch, Kothagudem, are that he is under suspension, he worked in that branch in that capacity between 09.05.2009 to 10.07.2011, having been delegated with the powers as per Bank norms in discharge of duties without causing loss to Bank, however, in discharge of his duties, he misused the powers and committed irregularities in contravention of Bank guidelines and such irregularities committed by routing unauthorised transactions in certain General Ledger Accounts that came to light in the course of Central Office Inspection and after departmental enquiry, the officer placed under suspension and the irregularities committed by him mentioned are:

(3.) The charge sheet filed by the police from the investigation mentions as if there are six accused in Column No.11, whereas in Column No.4, shown himself as sole accused. The charge sheet cites ten witnesses including L.W.9 Inspector of Police, who registered crime and investigated in part and L.W.10 the successor Inspector continued the investigation and filed charge sheet, leave apart the de facto complainant supra as L.W.1, lodged the report from the instructions of L.W.5 Chief General Manager, Disciplinary authority, Central Office, Chennai, by name B.S.Keshava Murthy, L.W.2 Senior Manager (Inspections) of Indian Overseas Bank, Inspectorate, Hyderabad, by name Pallipati Mohan Rao, who inspected the Indian Overseas Bank, Singareni Collieries Head Office Branch, Kothagudem, supra and identified irregularities and prepared departmental enquiry report and sent the same to L.W.4 - P.Krishna Mohan, Assistant General Manager, Indian Overseas Bank Inspectorate, Hyderabad, speaks about received departmental enquiry report submitted by L.W.2 and forwarded to L.W.5, L.W.3 Nunavath Devi Singh, Chief Manager, Indian Overseas Bank, Singareni Collieries Head Office Branch, Kothagudem, now during 2015, stated assisted L.W.2 surpa in preparation of the departmental enquiry report against accused, seized case property and kept in safe custody in the locker of Indian Overseas Bank, Singareni Collieries Head Office Branch, Kothagudem, and L.W.6 - J. Basavaraju, Chief Manager, Indian Overseas Bank, Singareni Collieries Head Office Branch, Kothagudem, successor, stated case property in his control can arrange to produce and L.W.7 Nedunuri Vithal, Assistant Manager, Indian Overseas Bank, Singareni Collieries Head Office Branch, Kothagudem, and L.W.8 K.Somaiah Chary, Security Guard, Kothagudem, who are Panch witnesses for confession and crime detail form with rough sketch, etc. The charge sheet speaks besides the facts supra in the FIR, which no way requires repetition in relation to the defaulcated amount of Rs.14,22,839/-, that on receipt of the report registered as FIR in Crime No.133 of 2013 under Section 409 IPC against the petitioner in the course of investigation, visited the scene of offence and examined the witnesses L.Ws.1 to 6 surpa and drafted scene observation and crime details panchanama before L.Ws.7 & 8 and stated the accused surrendered before I Additional Judicial Magistrate of First Class, Kothagudem, on 13.06.2013, as per High Court order in Crl.P.No.5138 of 2013, dated 11.06.2013, and later released on bail and from the investigation done and evidence collected shows L.W.2 Senior Manager (Inspections), inspected the Kothagudem Singareni Collieries Head Office Branch of Indian Overseas Bank and identified irregularities and prepared departmental enquiry report against the accused assisted by L.W.3 and submitted to L.W.4 as per instructions of L.W.5 and L.W.5, having received from L.W.4, based on the departmental enquiry report, placed the accused under suspension and instructed L.W.1 to lodge the complaint in registration of the crime and the property kept under custody of L.W.6 present Chief Manager, Indian Overseas Bank, Singareni Collieries Head Office Branch, Kothagudem, and in the course of investigation, identified the so-called irregularities and dishonest misappropriation of funds referred supra of Rs.14,22,839/- and accused was ultimately dismissed from service by the proceedings of L.W.5 and so-called allegations proved and the delay occurred in filing the charge sheet of about two years from registration of the crime is in collecting the documents including final proceedings of disciplinary authority and orders of the appellate authority, etc.