The High Court · 2025

Petition under Section 528 OF BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the Docket Order Dt. 2410112025 in C.C. No. 1200 of 2017 on the file of ll Additional Junior Civil Judge Cum ll Additional Judicial Magistrate of First Class Judge Karimnagar in respect of the petitioner/A-1. l.A. NO: 2 OF 2025 Petition under Section 528 OF BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, Bthe High Court may be pleased to stay of all further proceedings including the personal appearance of the petitioner in C.C. No. 1200 o'f 2017 on the file of ll Additional Judicial [t/agistrate of First Class at Karimnagar, pending disposal of the Crl.P. This Petition coming on for hearing, upon perusing the lvlemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri B MURALIDHAR ,Advocate for the Petitioner and SRI E GANESH, the Assistant Public Prosecutor for the Respondent No.1 and of Sri AJAY KUIVIAR NERELLA, Advocate for the Respondent No. 2. The Court made the following: ORDER THE HONOURABLE SRI JUSTICE E.V.VETIIUGOPAL CRII\IINAL PETITION No.238O OF 2O25 ORDER: This petitrcn 1S preferred by the petitioncr/accusecl No. 1 seeking to quash the docket order dated 24.O1.2025 passed in C.C.No.12O0 of 2Ol7 on the file of the learnecl II Addirional Junior Civil Judge, Karimnagar, registered for thr: offences under Sectiorrs 42O and 409 of the Indian Penal Cocle (ft.r short, 'l.P.C.J

2. For the sake of convenience, the parties hercinalier relerred as arrayecl in C.C

3. The briel facts of the case are that on 28.O3.20I 6 the complainant/LW. I lodged a complaint stating lhat the oflice of Registrar, Karrmnagar is attached with Stamp (lountcr to vend stamps to the needy public, for vending of sramps a Junior Assistant and a Shroff are appointed, certain irstructions r,vere given to them to maintain the records in the s tamp counter According to requirement the office of Registrar prlace indent to District Registrar, get the stocks and the same are kcpt in the stamp counter under the custody of Junior Assistrent and Shroff allotted to maintain the stamp counter. There art: different kinds 2 of stamps, franking machine sales, Indian Revenue tickets, court fee lables etc., for sale in the counter, they arc sold by cash or on submission of challans, the cash id depositecl in the account of Sub Registrar, Karimnagar on the next da,v of salc, ln turn on the another day the smae is transferred to Govcrtrtnent account, the entire maintenance of stamp counter is lookecl after by the Junior Assrstant and Shroff allotted to the counter. Sn-rt K.Ar-rusha Junior Assitant is working since 07.10.2013 and N.Gangalath Shroff is working since 29.06.2O121 in the stamp counter in RO, Karimnagar. During the course of verificerttor-r of stocks in the stamp counter some variation was noticed. Immediatelv the complainant brought the same to the notice of the District Registrar, Karimnagar, in turn as per the instructions of District Registrar, Karimnagar a Committee comprising ol Joint Sub Registrars, Jagtial, Bheemadevarapalli, Serrior Assistant and Junior Assistant o/o DIG (R&S), Karimnagar was constituted for verification of sale of stamps with remitttance and physical stock with ledger of stamp counter in RO (OB), Karimnagar for the period from 01.01.2013 to elict the truth and also to fish out the factual facts and the employees who are responsible for the lapses noticed if any. Accordingly the committee enquired into .,) the matter br. i'erilVing the concerned recor<l:; for RO (OB), /.' Karimnagar. I)uling the course of verification tht ,:ommittee had tal<en up the :Lctivities of receipt of stocks supplic:1 to tl-re office, all tl-re sales. t:losine stock physicerily availaltle in the oftlce and notic--ed deviatiorrs in respect of maintenance of s1 o .:l<, sale a nd in remittance in the lollowing categories. ( 1) Frauking Machine Sales. (2) Speciai Adhcsive Labels supplie<l by the Depar. r rclrt. (3) Indian Revenuc Tickcts. (4) Notarial Stamps (Labels). (5) Coltrt fee labcls supplied by the Registratiorr and Stamps Deaparment.

4. it is also noticecl that an amount of Rs. I 3,52.970 / was misappropriatecl tn embossing of Irranking imltrt:s sions through frankir-rg machine maintained in the office, the c<. lcerned Junior Assistant and s.rroff r.vl-ro dealt the sales hn.re nrade tl-rese franking impressior-rs on dilferent dates for variolrs amounts, but they did not rcmit the said amount in the accorrnt ol the Joint Sub-Registrar I lor onr,vard transfer of the riame to the Government Treersuty. The concerned Junior ,\ssistant and Shroff further t,iih a fraudulent and dishonest intention made wrong entries in -he sales register as if sold awa,, the stocks on 4 production of challans by the parties, though the parties drd not produce the challans as no challans available in the records, they further committed malpractice and manipulations by makrng factitious challan particulars for some entries. They further dishonestly made incorrect entries to the amounts frankcd by them desplte the parties produced the challan for lesser amounts. On physical verification of stock available in the office as on 22.01.2O16 in the presence of Joint Sub-Registrars I and II and the concerned Junior Assistant and Shroff who dealt the counter and some other staff members the different kinds of stamps to an amount of Rs.52,23 ,956 l- are found shortage thus the concerned Junior Assistant and Shroff sold the stamps on different dates, did not remit the amount in the account of Joint Sub Registrar-l for onward transfer to the Government account, thereby misappropriated the amount of Rs.52,23,9561-. The misappropriated amount is prima facie estimated at Rs. i8,52,970/- in sale through franking machine and Rs.52,23,956/-, total amount of Rs.7O,76,9261 cluring the period of 23.lL2OI3 to 26.08.2015

5. Basing on the said complaint, Inspector of Police, Karimnagar-I town registered a case in Crime No.129 of 2016, 5 under Sections 4.20 and 409 of the Indian Penal Code and took up the investigation 6- Hearrl learrred counsel appearing for the pe ti[ioner/ accused No. 1 and learnerl Assistant Public Prosecutor a rpcaring for the respondent No.1-State and perused the record..

7. Learned counsel appearing for the petitionr:r would submit that on 24.O1.2025, the trial Court conducted th,: examlnation of the petitioner under Section 239 of Cr.P.C and framed charges against the accused under Section 240 Cr.P.C, r,rithout adhering to the mandatory requrrements set forth unCer Sectron 238 Cr.P.C., specilically the requirement to furnish copies of documents refiecl upon by the prosecution unilr:r Section 207 Cr.P.C was not complied with. Though the rriai Court on

29.OI.2025 and 31.O1.2025 directed the prosecution to furnish the copies, the prosecution failed to do so and framed the charges against the accused uide docket order dated 2,+.Ol .2025. The petitioner also liled a petition to set aside the examination conducted undcr Section 239 Cr.P.C. A copy ol application for docket orders was made on 11.O2.2025 uide C.A.\Jo.1821 of 2025 and the same was pending. Hence, the present o-i.minal petition. 6 B. Learned Assistant Public Prosecutor appearing for the respondent-State would submit that on the directions of the learned trial Court, necessary documents have been supplicd to the petitioner on 24.02.2025. He would further submit that the trial is under progress and therefore, indulgence of this Court at this stage is unwarranted. Hence seeks to dismiss the present criminal petition

9. In the iight of the aforesaid facts and circumstances of the case, this Court is of the opinion that the prosecution without furnishing the copies of the documents to the petitioner/ accusecl No. t has framed the charges on 24.01.2025, which is a clear violation of Section 2O7 of Cr.P.C by the respondent - Police and the trial Court. Accordingly, this Court deems it appropriate to quash the docket order dated 24.O1.2025 in C.C.No.I2OO of 2Ol7 on the file of the learned II Additional Junior Civil Judge-cum-ll Additional Judicial Magistrate of First Class Judge, Karimnagar. Since the petitioner/ accused No.1 has already been supplied with the necessary documents as contemplated under Section 207 of Cr.P.C, the trial Court is drrected to conduct the proceedings afresh and pass appropriate order in accordance with law ..

10. With the above observations, this Crinur-ral petition is disposed of As a sequel thereto, Miscellaneous pclitions;, if any, pcnding shali stand closecl //TRUE COPY// Sdi- K. AMMAJI DE:PUTY REGISTRAR i SECTI .!trr,".* I To, 1 2 3 4 The Additional Judicial Magistrate of First Class at Karlrrnagar' The ll Additional Junior civil Judge cum ll Additional Judicial Magistrate of First Class Karimnagar. The SHO PS Karimnagar, I Town, Karimnagar' One CC to SRI B N/URALIDHAR Advocate [OPUC] One CC to SRI AJAY KUMAR NERELLA Advocate [OPUC] TwoCCstoPUBL|CPROSECUToR,HighCourtforthe:StateofTelangana, at Hyderabad. [OUT]

7. Two CD CoPies GR&am Yt- HIGH COURT DATED:0810912025 .4 ORDER CRLP.No.2380 of 2025 -.--:r---.- 'i 7 rlli )l?i ,( sl \,.\!.'\.. DISPOSING OF THE CRIMINAL PETITION \o c"d"A \rr , iifrna=