Andhra Pradesh High Court - Amravati
Potluri Vijayalakshmi vs The State Of Andhra Pradesh on 17 June, 2021
Author: Cheekati Manavendranath Roy
Bench: Cheekati Manavendranath Roy
HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
Criminal Petition No.2806 of 2021
ORDER:-
This Criminal Petition under Section 482 Cr.P.C. is filed seeking quash of charge-sheet in C.C.No.2 of 2020 on the file of the Special Judge for A.P. Protection of Depositors of Financial Establishments Act, 1999-cum-Principal District and Sessions Judge, Nellore.
2) Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondents.
3) The petitioner is accused No.21 in C.C.No.2 of 2020 on the file of the Special Judge for A.P. Protection of Depositors of Financial Establishments Act, 1999-cum-Principal District and Sessions Judge, Nellore. She has been facing prosecution along with other accused for the offences punishable under Sections 420, 403, 406, 120-B r/w.Sec.34 of I.P.C. and Section 5 of APPDFE Act.
4) Learned counsel for the petitioner would submit that the allegations made against the petitioner are absolutely false and she did not commit any offence as alleged by the prosecution and no case against the petitioner is made out. Therefore, he prayed to quash the charge-sheet in the above case laid against her.
5) As can be seen from the charge-sheet, it is clearly stated that accused No.4 induced and promised LWs.71 to 76, who are the victims/agents, that he would register house sites on behalf of accused No.1 company in their name, after policies are matured 2 and thereby collected money from them through the bank accounts of accused Nos.14 to 21, who includes the petitioner herein, who is accused No.21. Therefore, prima facie evidence is collected during the course of investigation to prove the complicity of the petitioner in commission of the aforesaid offences along with other accused. Therefore, it is for the trial Court to appreciate the evidence on record, which may be adduced by the prosecution during the course of trial in the final adjudication and decide the culpability or otherwise of the petitioner as per the allegations ascribed against the petitioner. The said evidence cannot be appreciated by this court in a petition filed under Section 482 Cr.P.C. Therefore, this Court does not find any valid legal ground warranting its interference under Section 482 Cr.P.C. to quash the charge-sheet laid against the petitioner.
6) So, the Criminal Petition is dismissed.
Consequently, miscellaneous applications, pending if any, shall stand closed.
________________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date:17-06-2021.
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