1 HN, J Crl.P.No.2844_2025 APHC010131862025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 2844/2025 Between: 1. A. CHINNA HANUMANTHU, S/O. A.CHINNA EARANNA, AGED ABOUT 35 YEARS, OCC ENGINEERING CONSULTANT MGNREGS, TUGGALI MANDAL, KURNOOL DISTRICT, ANDHRA PRADESH 2. H.AYYANNA,, S/O. H.ANJANAIAH AGED ABOUT 49 YEARS, OCC TECHNICAL ASSISTANT MGNREGS, TUGGALI MANDAL, KURNOOL DISTRICT, ANDHRA PRADESH. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, THROUGH PEDDAKADUBUR POLICE STATION, KURNOOL DISTRICT. REP. BY PUBLIC PROSECUTOR HIGH COURT OF ANDHRA PRADESH AT AMARAVATI. 2. G PADMAJA, MPDO, GOVT. OFFICIAL GAZETTED, R/O. PEDDAKADUBUR VILLAGE AND MANDAL KURNOOL DISTRICT. ...RESPONDENT/COMPLAINANT(S): Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to quash the proceedings in FIR.No.32/2017 dated 06.04.2017 on the file of Peddakadubur Police Station, Peddakadubur, Kurnool District in so far as petitioner/A2 and A3 are concerned, and pass 2 HN, J Crl.P.No.2844_2025 IA NO: 1 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased pleased to dispense with the filing of the certified copy of FIR.No.32/2017 dated 06.04.2017 on the file of Peddakadubur Police Station, Peddakadubur, Kurnool District and pass IA NO: 2 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased pleased to stay all further proceedings including appearance of the petitioners/Accused No.2 & 3 in FIR.No.32/2017 dated 06.04.2017 on the file of Peddakadubur Police Station, Peddakadubur, Kurnool District, Counsel for the Petitioner/accused(S): 1. R ANNAPURNA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 HN, J Crl.P.No.2844_2025 The Court made the following Order: 1. The learned counsel for the petitioners submits that the petitioners are arraigned as Accused Nos.2 and 3 in Crime No.32 of 2017 for the alleged offences under Sections 406 and 409 read with Section 34 of the IPC. 2. This Court granted a stay of all further proceedings on 18.03.2025, and notice was ordered to the 2nd respondent, who is the MPDO. Notice has been sent to the address, and there is no representation on behalf of the 2nd respondent today. 3. The learned counsel for the petitioners submits that the complaint was lodged on 06.04.2017, alleging misappropriation of an amount of Rs.65,77,703/- belonging to the MGNREG scheme, which was allegedly misappropriated. 4. The learned counsel for the petitioners submits that the disciplinary proceedings initiated by the Project Director had concluded that there was no misappropriation, vide orders dated 31.10.2018. Attention of this Court is drawn to the findings of the disciplinary authority, wherein it is stated that the special audit team found that an amount of Rs.41,00,000/- was frozen at Post Office, Chinnathumbalam, and the balance amount of Rs.24,31,947/- was already disbursed through the respective accounts. Thus, the role of the petitioners was not established in the alleged misappropriation. It is also submitted that the Project District Manager had addressed a letter to the 4 HN, J Crl.P.No.2844_2025 Project Director on 31.05.2018, bringing to his notice that the entire amount of Rs.65,77,703/- was duly accounted for, and the said information was passed on to the Project Director for further necessary action. 5. The learned counsel for the petitioners submits that when there is no misappropriation, and it has also been established that the petitioners had not misappropriated any amount, and when the amount was lying in the account of the post office, the continuation of proceedings in Crime No.32 of 2017 are not desirable. It is submitted that the findings of the disciplinary authority and the correspondence of the District Manager are subsequent of the registration of the FIR. 6. Considering the submissions, this Court is of the considered view that the petitioner need not suffer on account of the pendency of Crime No.32 of 2017 on the file of Peddakadubur Police Station. Accordingly, Crime No.32 of 2017 is hereby quashed and this criminal petition is allowed. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date: 09.07.2025 NKA 5 HN, J Crl.P.No.2844_2025 351 HONOURABLE SRI JUSTICE HARINATH.N Criminal Petition No.2844 of 2025 Date: 09.07.2025 NKA