acb case - how to discharge

5 years ago

True Extract of the Charge Sheet of A.O2 i.e.,m.tirumala rao

In the Honourbale Court of IIIrd Addl. District And Sessions Judge cum Special Judge for ACB Cases,Visakhapatnam.

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Between:
State represented by the Inspector of Police,
Anti Corruption Bureau,Visakhaaptnam
Complinant
And
1) D.Venkaiah Naidu , Sub Registrar A.O1
2) M.Tirumala Rao, Senior Asst., A.O2
3) UV Satyanarayana,Attender A.O3
4) G.Rama Rao,Private Person A.O4
CHARGE SHEET FLED UNDER SECTION 7,12,13(1)(a)(d) &(e) r/w 13(2) of PC Act, 1988 and 120-BIPC in CR No.02/RCt-Vsp/2011- of Anticorrutpion Bureau,Visakhaaptnam.

Sri D.Venkata Naidu working as Joint Sub Registrar from 05.10.2010 to 28.01.2011. He is herein after referred as AO1, Sri M.Tirumala Rao worked as Senior Assistant from 11.06.2009 to 29.01.2011. He is herein after referred as AO2, Sri UV Satyanarayana, Attender from 27.02.2008 to 14.02.2011. He is herein after referred as AO3, Sri G.Rama Rao, Private person. He is herein after refered as AO4 and by virtue of the posted hedld by AOs 1 to 3, they falls under the category of public servant and defined under section 2© of PC At, 1988(central act 49 of 1988) and AO4 is private person.
On credible information that Sri D.Venkaiah naidu(AO1) and his staff members collecting huge bribe amounts from the arties approaching them for registration of documents etc., trough unauthorized document writers and also indulging in corrupt activities by engaging private persons, the ACB(LW 60) along with his staff and mediators (LW 53 & 54) conducted surprised check on the office on 25.01.2011 at.5.p.m
During the Surpise check, the personal Maruthi Swift car was parked in front of the Joint Sub Registrar Office, Madhurawada was intercepted bythe raid party and found AO1 alone sitting in the driver’s seat of the Maruthi Swift car, carrying a Laptop bag by his side. When searched his person and belongings, there is cash of Rs.66100/- along with some account slips wrapped in a white paper found in his Laptop bag. Further, there is personal cash of Rs.400/- found in his person. When LW60 questioned the AO1 about his possession of Rs.66100/-, he did not properly accounted for the same. The LW60 seized the said amount of Rs.66100/- and slips found in the possession of AO1. During the Surprise heck, some unauthorized Document Writers and Asst. Document Writers namely 1)NV Satyanarayana(LW45), 2.V.Santhosh(LW.46), 3.N.P.Chandra Rao(LW.47),4.M B Rama Raju(LW.48) and 5.R.Srinivasa rao(LW.49) wwere found present un-authorizedly, in side the office premises of Joint Sub Registrar, Madhurawada and there is cash of Rs.85810/- found in their possession and the same was seized.
There are two unauthorized private assistants namely 1)G.Rama Rao(AO 4) and 2.G.Lakshmi(LW.2) also found present in the office of Joint Sub Registrar, Madhurawada and there is cash of Rs.2800/- found in their possession and the same was seized. There is a green and orange colour plastic wire bag belongs to AO.4 containing a cash of Rs.103600/- along with
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account slips found in the record room of the Sub Registrar Office. It is revealed that the AO.1 demanding bride for himself, his staff AOs.2 to 3 and D.Nookaraju,JA, B.Ganesh,Shroff, S.Appa rao,Office subordinate, M.Gopichand, SA from the parities approaching for registration collecting the bribe amount directly or through document writers and AO3, keeping the so collected bribe amount along with account slips containing the details of bribe collected for each document with AO.4 and apportion the collected bribe amount between AOs 1 to 3 and other staff members.
The account slips seized from the laptop bag of AO1 and wire bag of AO4 contains the details of the illegal amounts collected, from the claimants of the documents, expenditure incurred and shars of AO1 and his staff members.
On the strength of the Surprise check report, the DSP,ACB,Vsp(LW.60) registered a case against the AO1 as a case in Cr.No.02/RCO-ACB-VSP/2011 u/s 13(1)(d) & (e) r/w 13(2) of PC Act 1988 of ACB,Viskhapatnm and investigated into the matter.
AO1 was arrested by LW.60 on 28.1.2011 at 15.30 hours after explaining him the grounds of arrest and produced before the Court for judicial remand. Later he was released on bail on 11.2.2011.
LW.60 further entrusted the investigation to LW61 Sri BVS Nageswara Rao,Inspector,ACB. The LW 61 took up further investigation and recorded the statements of LW 1 to 52 u/s 161 of CRPC.
During the course of investigation account slips said to have contains handwritings to AO2 & AO3 and admitted handwritings of AO2&3 were sent to Director,APFSL through the Court for comparison. After careful examination LW58 opinioned that there are similarities between the writings marked S.1 to S.22 and the writings marked Q.1 to Q.4. LWs3 to 37 are the some the claimants of the sale deeds who purchased the properties and got them registered at Sub Registrar Office and obtained ECs were examined.
Thus the facts and material so gathered, during the course of investigation revealed that the AO1 while working as Sub Registrar, AO2 & AO3 and other staff members in furtherance of their conspiracy,habitually, demanding and accepting bribe amount, by abusing their official position, for doing official favour to register the sale deeds from the parties approaching for registration through document writers for himself and for AO2,3 and other staff members. They apportioned the so collected bribe amount between them AO1 to 3 and other staff member in keeping the collected bribe amount along with account slips, in his custody. Further, the AO1 is found in possession of R.66100/- and AO 2 & 3 and other staff members could not properly accounted for Rs.103600/-. Hence, the AO 1to 3 is liable for punishment u/s PC Act.1988.
The Govt. being the competent authority issued prosecution sanction orders against AO 1 to 3 vide GO Ms.No.332,333,334 dt.09.09.2015 of the Special Chief Secretary to Govt,Revenue(Vigilance.II),Department.
Further, the Govt of A.P Revenue(Vig.II) vide memo No.1828/Vig.II(1)/2011-9 dt.09.09.2015 issued instructions to file part.B note against Sri B.Ganesh,Shroff,S.Appa rao,Office Subordinate before the TDP(Tribunal for Disciplinary Proceedings), submit DCAs against D.Nookaraju JA instead of prosecution and also issued orders vide memo No.3828/Vig.II(1)/2011-13, Rev.Vig.II Dept dt.13.02.2017 to furnish DACs against M.Gopichand,SA before the Commissioner of inquiries instead of prosecution.
As Sri G.Rama Rao(AO4) is a private person and no prosecution sanction order is required to prosecute him u/s 12 of PC Act.1988.

Sd/-
Inspect of Police
ACB,Vsp.
(Contd..3..)

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In addition to the charge-sheet, the list of the Witnessess total 64 persons contains in the memo of evidence also filed by the ACB in the Court.

My observations:
1. Neither I have arrested nor un-authorized found by the ACB during the Surprise Check as well as I have no pending official favour.
2. AO4 (G.Rama Rao, Private Person) is expired now.
3. In the FSL report it was opinioned that there are some similarities not exactly matched with my handwritings.

So how to counter the aforesaid charge sheet for my-side as well as how to discharge from this case. Further, what are the legal grounds to discharge?
Kindly examine the case and to guide me to disharge and is there any precedence on this kind of cases under PC Act.(Related case laws with citations).