The said petition came up for hearing and disposal on 28th April, 2006.
It was alleged that from the month of August, 2002 to December, 2002 Soma Enterprise Limited started mixing fly ash with the gravel purportedly in keeping with instructions received.
It was alleged in the companyplaint that a sum of Rs.5.72 lakhs had been deducted from the bill for the month of February, 2003 alone.
According to the companyplainant, despite repeated protests, Soma Enterprise Limited did number pay any heed and companytinued to mix fly ash with the gravel supplied by the companyplainant and also companytinued to deduct amounts from the companyplainants bill, in order to cause unlawful loss to the companyplainant and unlawful gain for itself.
21594 of 2005, directing the police authorities to file a Final Report in companynection with I.R. No.
In passing the order quashing the impugned proceeding, the High Court took numbere of the earlier order of the High Court in W.P. No.
Soon after the aforesaid order of the High Court, the respondents Nos.
On the basis of the said companyplaint a case Cr.
83 of 2005 was registered in Kovur Police Station on 21st June, 2005, under Sections 196, 199, 120 B , 403, 406 and 418 Indian Penal Code and the original First Information Report alongwith the original companyplaint was submitted to the Judicial Magistrate, 1st Class, Kovur.
The companyplaint in short is that Raghava Infrastructure Private Ltd. was a Private Limited Company engaged in doing civil companytract works.
On account of such mixing of fly ash with the gravel, Soma Enterprise Ltd. began deducting various amounts from the companyplainants bills.
According to the companyplainant, as a companynter blast and with an intention to cheat the companyplainant, Soma Enterprise Ltd had hatched a criminal companyspiracy with IIT, Chennai Professors S.R. Gandhi and Dr. G.R. Dodagoundar and created a fake report to cheat the companyplainant and cause wrongful loss to him.
The further companyplaint is that although the companyplainant companytinued to supply the gravel in terms of the sub contract, the Director changed his stand and asked the companyplainant to prove that the formula by which they were deducting the amount for fly ash was wrong.
The Writ petition was disposed of on 7th October, 2005, at the admission stage directing the Sub Inspector of Police, Kovur Police Station, to file the Final Report before the Magistrate companycerned, if the investigation had been companypleted, within four weeks from the date of receipt of a companyy of the order.
It is alleged that the Director of Soma Enterprise Ltd. assured the companyplainant that he would disburse the amount pertaining to the quantity of gravel by adopting the best suitable method for arriving at the volumetric bifurcation of gravel and fly ash from the mix.
Holding the impugned proceedings to be unsustainable, the High Court quashed the same.
The Investigating Officer took up the investigation and found a prima facie case against the accused but as numberhing further was done the petitioner filed Writ Petition No.
3 was one of its Directors.
2, 3, 4 and 5 herein alleging companymission of offences under Sections 196, 199, 120 B , 403, 406 and 418 Indian Penal Code.
4799 of 2005 before the Andhra Pradesh High Court under Section 482 of the Code of Criminal Procedure for quashing the aforesaid F.I.R. No.
On a companysideration of the companyplaint the High Court observed that the companyplaint did number disclose any offence except a civil dispute between the parties.
A report was prepared by the Managing Director, but the same was number accepted by Soma Enterprise Ltd. Consequently, the companyplainant approached the IIT Madras and got the mixed tested at the Department of Ocean Engineering, IIT, Madras, through Professor Dr. S. Narasimha Rao, who was of the view that although 33.3 of fly ash is mixed with gravel there will number be any increase in the volume of gravel soil.
21594 of 2005, inter alia for a writ in the nature of Mandamus on the Sub Inspector of Police, Kovur Police Station, District Nellore, to file the Final Report in companynection with FIR No.
It was stated that the respondent No.
The agreed rate of remuneration was Rs.27/ per cubic meter for the first kilometer and Rs.4/ per cubic meter for each kilometer thereafter.
4 and 5 are the Project Manager and Materials Engineer of the Company.
83 of 2005 of Kovur Police Station.
According to the companyplainant, he companytinued to execute the work entrusted to him as per the aforesaid assurance.
It was alleged in the companyplaint that Soma Enterprise Limited who obtained a companytract for executing work on the Nellore Bypass Road on National Highway 5, appointed the companyplainant as its sub contractor for excavation and transportation of gravel for the formation of embankment of Nellore Bypass Road on National Highway 5 from Km 172.840 to 178.200 from 1st June, 2002 onwards.
On that basis the companyplainant approached the Geo Marine Consultants Private Limited, Indira Nagar, Chennai, and had the gravel and fly ash tested.
83 of 2005 of Kovur Police Station, District Nellore.
Soma Enterprise Limited is also doing civil companytract works having its companyporate office at 14, Avenue 4, Banjara Hills, Hyderabad.and its site office near Saibaba Temple, Kovur, adjacent to National Highway 5.
The Respondent Nos.
It was also the companyplainants case that he had requested the Director and Project Manager to companynt the number of tippers of gravel being supplied and dumped by the companyplainant in the stock yard for payment purposes, but the Director did number agree to such a method.
ALTAMAS KABIR, J. On 21st June, 2005, the petitioner herein lodged a First Information Report with the Kovur Police Station in Nellore District against the private respondent Nos.
2 and 5 filed Crl.
83 of 2005 before the Additional Judicial Magistrate, 1st Class, Kovur.
P. No.
