VUDATA SRINU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Criminal petition no. 1478 of 2021 : This Criminal Petition is filed under Sections 438 of Code of the Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking pre-arrest bail to the petitioner/A-14 in the event of his arrest in connection with Crime No.71 of 2021 of Mangalagiri Town Police Station, Guntur Urban, wherein the petitioner is alleged to have committed the offences punishable under Section 420, 406 r/w 34 of Indian Penal Code, 1860 (for short 'IPC').

(2.) A report was lodged by the Assistant Director, Handlooms and Textiles, Guntur stating that the Director of Handlooms and Textiles has directed her to submit report by conducting a detailed enquiry into the affairs of the Primary Weavers Cooperative Societies about registration of lands that took place from January, 2014 to December, 2020. A letter was addressed to Sub Registrar, Mangalagiri to furnish encumbrance certificate, who furnished the same on 25.01.2021 and as per the said encumbrance certificate lands were transferred in favour of four people during the month of December, 2020 and also certain other irregularities were found. Thus, as per the instructions of Director, Handlooms and Textiles, she gave report against the Managing Committee of the said society from 2014 to till date.

(3.) In the report, details of four transactions were categorically mentioned, which took place on 30.12.2020, 28.12.2020, 10.12.2020 and 10.12.2020. Further, the complainant furnished the names of the Managing Committee members of the Society in whose tenure registrations were done without obtaining prior approval of the Registrar as laid down under Section 9-A of A.P. Cooperatives Societies Act, 1964 (for short 'APCS Act'). The details of tenure of the committee were also furnished i.e. the committee members whose tenure is from 01.01.2014 to 11.10.2015; Committee members who worked from 21.05.2016 to 20.05.2017 and from 06.01.2018 to till date. The present petitioner is in the Managing Committee from 21.05.2016 to 20.05.2017 being the counselor of Mangalagiri Municipality, as non-official member. Hence, it is stated that action may be taken against these persons for the alleged illegal sale or registration of Society property/land and malpractice/misappropriation of the society funds without proper permission from the Registrar/ Functional Registrar as per Section 9A of APCS Act and as per the provisions of 79 of APCS Act. Basing on the said report, the present crime was registered.