APHC010498072025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10148/2025 Between: 1. D HEMA SUNDARAM, S/O. D.ANJANEYA AGED ABOUT 40 YEARS, OCC ADITIONAL PROGRAMME OFFICER MGNREGS, TUGGALI MANDAL, KURNOOL DISTRICT, ANDHRA PRADESH. ...PETITIONER/ACCUSED 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 Court pleased 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/A1 is concerned, and pass 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 may be pleased to dispense with the filing of the 2 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 to stay all further proceedings including appearance of the petitioner/Accused No.1 in FIR.No.32/2017 dated 06.04.2017 on the file of Peddakadubur Police Station, Peddakadubur, Kurnool District, pending disposal of the petition in the interest of justice. Counsel for the Petitioner/accused: 1. R ANNAPURNA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10148/2025 ORDER: The instant criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C)/under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the Petitioner/Accused No.1, seeking quashment of the proceedings pending against him in FIR No.32 of 2017 dated 06.04.2017 of Peddakadubur Police Station, Peddakadubur, Kurnool District registered for the offences punishable under Sections 406 & 409 r/w 34 of IPC. 2. Heard Smt. R.Annapurna, learned counsel for the Petitioner and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 3. Learned counsel for the petitioner would submit that the complaint was lodged on 06.04.2017, alleging misappropriation of an amount of Rs.65,77,703/- belonging to MGNREG scheme against the petitioner and others. She would further submit that disciplinary proceedings were initiated against the petitioner by the Project Director and it was concluded vide Orders dated 31.10.2018, that there was no misappropriation. Learned counsel for the petitioner brought to the notice of this Court the findings of the disciplinary authority which shows 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 4 accounts. Thus, the role of the petitioner was not established in the alleged misappropriation. It is also submitted that the Project District Manager had addressed a letter to the 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. The learned counsel for the petitioner would further submit that when there is no misappropriation, and it has also been established that the petitioner had not misappropriated any amount, continuation of criminal proceedings in Crime No.32 of 2017 is merely an abuse of process of law. She would further submit that this Court in Crl.P.No.2844 of 2025 vide Order dated 09.07.2025, quashed the criminal proceedings pending against the Accused Nos. 2 and 3 in this case and finally prays for quashment of the case. 4. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate Orders. 5. Considering the submissions made and a fair look at the material placed on record, in the light of the findings of the disciplinary proceedings vide Orders dated 31.10.2018, since, no case is made out against the petitioner, this Court is of the considered opinion that continuing criminal proceedings against the petitioner is mere abuse of process of law. Accordingly, this Criminal Petition is allowed by quashing the proceeding pending against the petitioner/Accused No.1 in FIR No.32 of 2017 dated 06.04.2017 of Peddakadubur Police Station, Peddakadubur, Kurnool District 5 registered for the offences punishable under Sections 406 & 409 r/w 34 of IPC. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 26.09.2025 UPS 6 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10148/2025 Dated.26.09.2025 UPS 232