1 APHC010064372022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY ,THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1035/2022 Between: M. Thirupalu, and Others ...PETITIONER/ACCUSED(S) AND State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused(S): 1. BATHULA RAJ KIRAN Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) The Court made the following: 2 CRIMINAL PETITION NO: 1035/2022 ORDER: The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (in short, “Cr.P.C.”) has been filed by the Petitioners/ A3, A4, A6, A8, A9, A11, A13 & A14, seeking quashment of the proceedings against them in FIR No.04 of 2020 on the file of Duttaluru Police Station, SPSR Nellore District registered for the offences under Sections 409, 420, 120B r/w 34 of IPC. 2. Heard Sri R.Suresh Kumar, learned counsel representing Sri Bathula Raj Kiran, learned counsel for the petitioners and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 3. It is submitted by the learned Counsel for the Petitioners and acceded to, by the learned Assistant Public Prosecutor that the subject matter of this Criminal Petition is squarely covered by the similar order passed by this Court in Crl.P.No.971 of 2020 dated 21.02.2024, wherein the case against the prime Accused (A1) in FIR No.4 of 2020 is quashed. 4. For ready reference the order passed in Crl.P.No.971 of 2020 dated 21.02.2024 is extracted hereunder: “9. In the case on hand, it is alleged that the Petitioner herein along with 16 others committed misappropriation of Government funds to a tune of Rs.2,13,21,827/-. It is the contention of the learned counsel for the Petitioner that proceedings in Crime No.60 2017 on the file of Duttaluru Police Station, SPSR Nellore District, lodged against the Petitioner herein and other accused therein, were quashed by this Court on 29.11.2017 and the 3 present case was registered against the Petitioner based on the self-same allegations, which is not tenable. 10. Perusal of the record shows that the Petitioner herein filed W.P.No.28828 of 2017 challenging the proceedings issued by the Project Director, District Water Management Authority & Ex- Officio Joint Secretary, SRDS, SPSR Nellore District vide DWMA-SAV/23/2017-APE(E7-DVO)- DWMANLR, dated 26.07.2017, were set aside vide order of this Court dated 08.09.2017. Subsequently, the proceedings in Crime No.60 of 2017 on the file of Duttaluru Police Station, SPSR Nellore District, which was lodged by the-then MPDO, Duttaluru Mandal, were quashed in Criminal Petition Nos. 9389, 9404, 9443, 9423 and 9424 of 2017 filed by the Petitioner herein and other Accused on the ground that W.P.No.28828 of 2017 filed the Petitioner herein was allowed setting aside the impugned orders of the Project Director, which was the basis for registration of the alleged Crime No.60 of 2017. 11. The present case was registered by Respondent No.2, after nearly two and half years of quashing the proceedings in Crime No.60 of 2017 against the Petitioner herein and other Accused, based on the self-same allegations of misappropriation of Government funds. Therefore, in view of the quashment of the same offences registered in Crime No.60 of 2017, this Court is of the view that the proceedings in the present case which is registered on the same allegations, are liable to be quashed. 12. Accordingly, the criminal petition is allowed quashing the proceedings against the Petitioner/Accused in Crime No.4 of 2020 of Duttaluru Police Station, SPSR Nellore District registered for the offences punishable under Sections 409, 420 and 120B read with 34 IPC. Pending miscellaneous petitions, if any, shall stand closed.” 5. Hence, following the said Order passed by this Court in Crl.P.No.971 of 2020 dated 21.02.2024 and taking into consideration of the facts and circumstances of the case, this criminal petition is allowed by quashing the proceedings against the Petitioners/ A3, A4, A6, A8, A9, A11, A13 & A14 in FIR No.04 of 2020 on the file of Duttaluru Police Station, SPSR Nellore District registered for the offences under Sections 409, 420, 120B r/w 34 of IPC. 4 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. __________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 20.01.2025 UPS 5 40 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.1035 of 2022 Dt.20.01.2025 UPS