Andhra Pradesh High Court - Amravati
Sri. Md. Kaleemullah Moosa, vs The State Of Andhra Pradesh, on 3 February, 2021
Author: Cheekati Manavendranath Roy
Bench: Cheekati Manavendranath Roy
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
CRIMINAL PETITION No. 581 of 2021
ORDER:-
This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") is filed seeking quash of F.I.R in Crime No.291 of 2020 of Bhimavaram I Town Police Station, West Godavari District.
2. Heard learned counsel for the petitioners and the learned Additional Public Prosecutor for the State.
3. The 2nd respondent, who is the de facto complainant, lodged a report with the police alleging that the petitioners herein have collected money from the petitioners and other public towards chit fund transaction and thereafter they did not pay the amount payable to the petitioners and other members in the chit group and they have squandered away the said amount and cheated the petitioners and other members of the chit group. The said report was registered as a case in the above crime for the offences punishable under Sections 420, 406 r/w 34 IPC and under Section 5 of the A.P. Protection of Depositors of Financial Establishments Act, 1999.
4. The contents of the F.I.R disclose that the petitioners have run an unauthorized chit transaction and collected money from the petitioners and other members in the chit group and thereafter they did not pay the amount payable to the petitioners and other members of the chit group and squandered away the said amount and thereby cheated the gullible members of the chit group including the petitioners. These facts narrated in the F.I.R prima 2 facie disclose commission of a cognizable offence relating to cheating the innocent members of the chit group. Therefore, the matter requires investigation to find out the truth or otherwise of the said allegations ascribed in the F.I.R. At this stage, there is nothing emanating from the record warranting interference of this Court either to quash the F.I.R or to interdict the investigation.
5. Therefore, the Criminal Petition lacks merit and it is dismissed accordingly.
Miscellaneous petitions, if any pending, in the Criminal Petition, shall stand closed.
____________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date: 03-02-2021 AKN 3 THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY CRIMINAL PETITION No.581 of 2021 Date: 03-02-2021 AKN