- (1.) Both these appeals have been preferred against the impugned judgment and order dated 11.4.2012 passed by the High Court of Andhra Pradesh at Hyderabad in Criminal Petition No. 12791 of 2011 by way of which the High Court has quashed the charge sheet in C.C. No. 555 of 2011 in respect of the offence under Section 468 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC'). However, it has not quashed the charge sheet in respect of offences punishable under Sections 471, 120-B and 201 IPC. Hence, these cross appeals by both parties i.e. the accused and the State of Andhra Pradesh.
(2.) Facts and circumstances giving rise to these appeals are that: A. A letter dated 22.4.2011 was received by the Secretary, Ministry of Home Affairs, Union of India, purported to have been written by one Shri M.A. Khan (Member of Parliament) enclosing a representation of All India Banjara Seva Samithi (hereinafter referred to as the 'Samithi') asking for an impartial enquiry against Shri V. Dinesh Reddy, the then DG (Vigilance and Enforcement) Department respondent no.2 alleging that he had amassed disproportionate assets in the name of his wife and her power of attorney holders. A large number of documents were annexed in support of the allegations in the complaint. The Joint Secretary, Ministry of Home Affairs forwarded the said complaint to the Chief Secretary, Govt. of A.P. on 5.5.2011 for enquiry into the matter. The said letter was received by the Chief Secretary, Govt. of A.P. on 23.5.2011. On the same day, a letter purporting to have been sent by Shri M.A. Khan, M.P., was received by Govt. of A.P. through Shri V. Dinesh Reddy respondent no.2, wherein it had been alleged that the letter sent by the Central Government to the Chief Secretary, A.P. had not been authored by Shri M.A. Khan, M.P. B. When the Chief Secretary, A.P. was examining the matter, Shri V. Dinesh Reddy, - respondent No.2, the then DG (V & E) wrote a letter to the State Government annexing a copy of the letter of Shri M.A. Khan, M.P., dated 23.5.2011 denying the authorship of that letter and ask a junior police officer to give his report about the genuineness of the Samithi. Upon being informed that it was fictitious, respondent no.2 asked for a detailed enquiry to be conducted to ascertain who had forged the said letter and signature of Shri M.A. Khan, M.P., on the complaint. Meanwhile, Shri V. Dinesh Reddy - respondent no.2, was appointed as Director General of Police, A.P. on 30.6.2011. C. The State Government asked the Additional D.G.P., Crime Investigation Department, namely Shri S.V. Ramana Murthi to enquire and submit a report to the Government in respect of fabricating the letter and forging the signature of Shri M.A. Khan, M.P. The said officer Shri Ramana Murthi did not conduct any enquiry himself, rather he entrusted the same to one Shri M. Malla Reddy, Deputy SP, CID. After conducting the enquiry, Shri Malla Reddy submitted the enquiry report to Addl.D.G.P., CID on 22.8.2011, pointing out that one Shri T. Sunil Reddy obtained certified copy of the documents from the office of the Sub-Registrar on the instructions of some senior officer. The said certified copies were the same as the ones that had been annexed alongwith the complaint submitted in the name of the Samithi. D. On the same day, i.e. 22.8.2011, Shri Ramana Murthi, Addl.D.G.P., CID submitted the said report to Shri V. Dinesh Reddy, respondent no.2 seeking directions and further requesting him that the report be forwarded to the State Government. E. On 24.8.2011, Shri Dinesh Reddy - respondent no.2 himself directed the registration of the First Information Report (in short 'FIR') and that an investigation be conducted by CID. As a consequence, the FIR was registered on 25.8.2011 and one Shri J. Ranjan Ratan Kumar, Dy. S.P. was appointed as the Investigating Officer. F. During the course of investigation, Shri T. Sunil Reddy was arrested on 26.8.2011. His statement was recorded on 27.8.2011 under Section 161 of Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') wherein Umesh Kumar, appellant was not named. G. The report submitted by Shri Malla Reddy was forwarded by Shri V. Dinesh Reddy - respondent no.2 to the State Government on 27.8.2011. Shri T. Sunil Reddy was remanded to judicial custody on 27.8.2011. It was during that judicial custody on 3.9.2011 that his statement was recorded a second time under Section 161 Cr.P.C. wherein he named Umesh Kumar, appellant. On being enlarged on bail on 5.9.2011, Shri T. Sunil Reddy made an application on 7.9.2011 under Section 306 Cr.P.C. to become an approver. H. Umesh Kumar, appellant, asked the Govt. of A.P. to hold an investigation on the basis of the certified copy of the sale deeds against respondent no.2. In the meanwhile, on 26.9.2011, the Investigating Officer filed a statement in the court that unless the said Shri T. Sunil Reddy was granted pardon, there would be no evidence against Umesh Kumar. The trial court vide order dated 10.10.2011 accepted the application of Shri T. Sunil Reddy and granted him pardon and made him an approver. However, the said order dated 10.10.2011 was quashed by the High Court vide judgment and order dated 1.4.2012 in Writ Petition No. 31927 of 2011 filed by Umesh Kumar, appellant. I. After completing the investigation, a charge sheet dated 14.11.2011 was filed naming Umesh Kumar, appellant showing that offences punishable under Sections 468, 471, 120-B and 201 IPC had been committed. J. Aggrieved, Umesh Kumar approached the High Court under Section 482 Cr.P.C. for quashing the said charge sheet. However, the High Court vide impugned judgment and order dated 11.4.2012 quashed the charge sheet only in part as referred to hereinabove. Hence, these cross appeals.
(3.) The matter was heard at length and after considering the gravity of the allegations against respondent no.2 and his alleged involvement, this court issued notice to him suo motu and after hearing his counsel he was impleaded as a respondent.;