Andhra Pradesh High Court - Amravati
T. Jayavardhan vs The State Of Andhra Pradesh, on 14 August, 2024
APHC010314022024
IN THE HIGH COURT OF ANDHRA
PRADESH
[3365]
AT AMARAVATI
(Special Original Jurisdiction)
WEDNESDAY ,THE FOURTEENTH DAY OF AUGUST
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE JUSTICE DR V R K KRUPA SAGAR
CRIMINAL PETITION NO: 5006/2024
Between:
T. Jayavardhan ...PETITIONER/ACCUSED
AND
The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT
Counsel for the Petitioner/accused:
1. MAMIDI PRAKASH KUMAR
Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR
The Court made the following:
2
THE HON'BLE JUSTICE Dr. V.R.K.KRUPA SAGAR
CRIMINAL PETITION No.5006 of 2024
ORDER:
1. This criminal petition under section 482 of the BNSS is filed by the petitioner/A6 to grant anticipatory bail in connection with Crime No.107 of 2024 of Dargamitta Police Station of Sri Potti Sriramulu District for the offences punishable under Sections 120b, 420, 467, 468, 471 read with 34 IPC.
2. Heard arguments of Sri M.Prakash Kumar, the learned counsel for petitioner and learned Assistant Public Prosecutor for respondent/State.
3. On a written information dated 05.07.2024, an FIR was registered on 19.07.2024. On 22.07.2024, the present petition for anticipatory bail is filed by A6. The petitioner is the husband of the Mayor of Nellore Municipal Corporation. Sri Vikas Marmat, IAS is the commissioner of Nellore Municipal Corporation and on his written information, an FIR was registered. Earlier to him, Smt D. Haritha, IAS was the commissioner of Nellore Municipal Corporation. In terms of the law and the practice, for certain 3 proposed structures, building permissions are to be applied by the persons and to be granted by the Municipal Corporation and in the process to see appropriate compliances on part of the persons, a part of the structure had to be mortgaged and on completion of the construction when it is found everything was appropriate, the applicants would be given occupancy certificates. After issuance of such occupancy certificates, the mortgages would be released. The present crime relates to release of these mortgages. The allegations are that without compliance of the rules and without obtaining the occupancy certificates, proceedings signed by the officers directing for release of mortgages took place concerning more than seventy structures. It was in that regard, certain enquiry was done in the department and certain audit was made during the course of which it emerged that forged letters and proceedings in the name of Municipal Commissioner were procured and utilizing them, the mortgages were got released. Several employees of the Municipal Corporation were suspended and departmental enquiries were initiated. Show cause notices were issued to them and they submitted their response. In the above referred facts, based on the material available on record, prosecution alleges 4 that this accused being the husband of the mayor was in hand in glove with some of the employees and he fraudulently prepared the forged documents and got released mortgages.
4. The contention of the petitioner is that he is innocent and out of political vendetta he is implicated and he is no way connected with the internal activities of Municipal Corporation and his name is also not properly printed and the accusations are made without specific evidence and therefore he seeks bail in anticipation.
5. Learned APP submits that this is a serious case of breach of procedural integrity with the Nellore Municipal Corporation and the investigation carried out so far show that the signatures attributed to Municipal Commissioner did not pertain to him and further it also showed that files which were supposed to be routed through city planner/ head of the planning section were circumvented and along with regular files, the forged and fabricates files were also placed thereby obtaining the signatures of officers. Based on the material on record, the learned APP submits that witnesses have stated that this accused sitting in the office of commissioner got the alleged proceedings of the 5 commissioner and handed over and directed the staff of the Municipal Corporation to get the mortgages released. Thus, according to learned APP, there are clear overt acts concerning the petitioner.
6. On considering the submissions on both sides and the facts available on record, it is seen that the offences alleged relate to various transactions running for a long period and there are clear allegations with specific details against the acts of this petitioner. The way in which the alleged crime was organized itself makes it clear that it is a clear case where the investigative requirement of interaction and interrogation are necessary. Since the case is one of the misuse of position by virtue of connections with the employees of the Municipal Corporation, this court finds that the prayer of the petitioner cannot be maintained.
7. In the result, this criminal petition is dismissed.
________________________ Dr. V.R.K.KRUPA SAGAR, J Date: 14.08.2024 Dvs 6 THE HON'BLE JUSTICE Dr. V.R.K.KRUPA SAGAR CRIMINAL PETITION No.5006 of 2024 Date: 14.08.2024 Dvs 7