NARA CHANDRABABU NAIDU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Criminal Petition, under Sec. 482 of the Code of Criminal Procedure, 1973 (for short, 'CrPC'), is filed seeking to quash FIR in crime No.29 of 2021 of C.I.D. P.S., A.P., Amaravathi, Mangalagiri, against the petitioner, who is arrayed as accused No.37, and the consequential order of remand dtd. 10/9/2023, and the Order in Crl.M.P.No.1096 of 2023, dtd. 10/9/2023, passed by the learned Special Judge for SPE & ACB Cases-cum-III Additional District Judge, Vijayawada in the aforesaid crime.

(2.) Based on a report lodged by the Chairman of the Andhra Pradesh State Skill Development Corporation (for short, 'APSSDC'), the aforesaid crime was registered by the CID. The allegations, in brief, are as follows. APSSDC was incorporated by virtue of G.O.Ms.No.47 (HE) (EC.A2) Department, dtd. 13/12/2014. SIEMENS offers training programme in collaboration with various State Governments. APSSDC deputed a team to visit SIEMENS Centres of Excellence, which were already established in Gujarat, and to submit a report. During negotiations, State Government agreed to establish SIEMENS Centre of Excellence, Technical Skill Development Institutions and Skill Development Centres in different clusters. Six clusters were formed at the inception at a cost of Rs.546,84,18,908.00, with SIEMENS and Design Tech providing a grant-in-aid of 90% i.e. Rs.491,84,18,908.00 and the Government's share thereof 10% Rs.55,00,00,000.00, and a Memorandum of Agreement (MoA) was entered into, between the APSSDC and SIEMENS, pursuant to G.O.Ms.no.4, dtd. 30/6/2017 of Skill Development Enterpreneurship and Innovation (Skills) Department. Tax investigation by the Additional Director General, GST, Intelligence, Pune in respect of claims of availing of CENVAT credit by M/s. Design Tech Systems Private Limited and M/s. Skillar Enterprises India Private Limited led to unearthing a huge financial scam involving crores of rupees by M/s. SIEMENS Industry Software India Private Limited and M/s. Design Tech Systems Private Limited, and the funds relate to the APSSDC.

(3.) Petitioner herein is arrayed as A.37 in the said crime. As per the remand report, allegations against the petitioner are as follows.