Andhra Pradesh High Court - Amravati
Teen Missions In India vs The State Of Ap on 10 August, 2022
Author: K. Sreenivasa Reddy
Bench: K. Sreenivasa Reddy
THE HON'BLE SRI JUSTICE K. SREENIVASA REDDY
CRIMINAL REVISION CASE No. 494 of 2022
ORDER:-
This Criminal Revision Case, under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (for short, 'CrPC'), is directed against the Order dated 24.06.2022 passed in Crl.M.P. No.356 of 2022 by the learned Principal Junior Civil Judge-cum-XI Additional Metropolitan Magistrate at Gannavaram, whereby the learned Magistrate dismissed the petition filed by the petitioner under Sections 451 and 457 CrPC.
2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for respondent No.1-State. Perused the record.
3. Basing on a report lodged by one Thalluri Swamy, claiming to be legally elected Vice Chairman of Teen Mission in India, police registered a case in crime No.33 of 2022 of Atkuru police station, Vijayawada city against one Sudhakar Pulipaka and respondents 2 to 4 herein, for the offences punishable under Sections 420, 468, 471, 403, 406, 506 read with 34 of the Indian Penal Code, 1860 (for short, 'IPC'). The petitioner herein, claiming to be Secretary of Teen Missions in India, filed the petition in Crl.M.P. No.356 of 2022 stating that petitioner was also in- 2 charge as care taker of the society to look after the properties belonging to the Society at Atkuru, Krishna district; some of the members left the Society and new members joined and accordingly, the Register of the society was renewed in respect of the same by incorporating the details. It is further stated that police, without giving an opportunity to submit explanation to the allegations made by the informant, registered the aforesaid crime and took away all the original documents belonging to the society viz. on 10.02.2022, the following documents:
1) Society By-law; 2) Original sale deeds and link documents No.5; 3) Minutes Book of Society; 4) Account and Ledger Book; 5) Foreign Contribution Regulation Act (FCRA) and Income Tax report from 1990-2019, FCRA report from 2008-2019; 6) Society Renewal Certificates;
7)Computer hard disk, Laptop (HP); 8) Cheque books of society No.2 and personal cheque books No.3, and cheque belongs to P.Hemalatha and P.Samuel; 9) Society Preliminary Registration Certificate; 10) Board of Intermediate Approval copy and permission copy and 11)Income Tax 12 (A).
4. It is the case of the petitioner that the petitioner requires the said documents for submission for renewal of FCRA registration and for submission of Income Tax returns, and FCRA is going to visit the society by the last week of March, 2022 and the petitioner has to show the 3 entire material. The learned Magistrate dismissed the said petition on the ground that if the documents are returned, there is every possibility for tampering/misuse, and that except canvassing that the documents are necessary for renewal of FCRA registration, the petitioner failed to bring on record the proceedings, if any, of the Ministry of Home Affairs or otherwise, specifying the documents required for such renewal.
5. Learned counsel for the petitioner contended that the petitioner requires the said documents for submission for renewal of FCRA registration and for submission of Income Tax returns, and if the said documents are not submitted for the renewal, the petitioner suffers irreparable loss. It is his further submission that the petitioner undertakes to produce the documents as and when directed by the Court and abide by the conditions to be imposed by the Court.
6. On the other hand, learned Additional Public Prosecutor opposed the revision contending that investigation is still pending in the aforesaid crime and at this stage, if the documents are returned, there is possibility of tampering the records.
7. Having heard the learned counsel, this Court is of the opinion that since investigation is in progress in the 4 aforesaid case, original documents cannot be returned to be petitioner, at this stage. However, as the petitioner is expressing urgency that the said documents are required for renewal of FCRA registration and for filing Income Tax returns, certified copies of the said documents can be ordered to be provided to the petitioner. Accordingly, the learned Magistrate is directed to issue certified photocopies of the documents required by the petitioner.
8. With the aforesaid direction, the Criminal Revision Case is allowed.
Miscellaneous Petitions, if any, pending in this Criminal Revision Case, shall stand closed.
___________________________________ JUSTICE K. SREENIVASA REDDY 10.08.2022.
DRK 5 THE HON'BLE SRI JUSTICE K. SREENIVASA REDDY CRIMINAL REVISION CASE No. 494 of 2022 10.08.2022 DRK