Andhra Pradesh High Court - Amravati
N. Vanajamma, vs The State Of Andhra Pradesh, on 4 March, 2021
Author: Cheekati Manavendranath Roy
Bench: Cheekati Manavendranath Roy
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
CRIMINAL PETITION No.1420 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 the F.I.R. in Crime No.27 of 2021 of Chittoor I Town Police Station, Chittoor District.
2. Heard learned counsel for the petitioner 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 stating that the petitioner has been organizing a chit fund transaction and the de facto complainant has joined as a member in the chit group and she paid monthly installments for about 18 months and she became a successful bidder in the auction held in the month of December and the petitioner did not pay the money payable to her and thereby cheated her. The said report was registered as a case in the above crime for the offences punishable under Section 420 of the Indian Penal Code, 1860 and under Section 4 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978. The said case is now under investigation.
4. The allegations set out in the F.I.R. prima facie disclose commission of a cognizable offence. Therefore, the matter requires investigation to find out the truth or otherwise of the said allegations. Although, learned counsel for the petitioner has contended before this Court that as the petitioner refused to withdraw her nomination filed for the election of municipal 2 bodies, that the de facto complainant has foisted the said false case against her and implicated her in a false case, the said disputed fact is to be ascertained only during the course of investigation. This Court cannot go into the said fact whether the allegations are true or not or motivated or not, in a petition filed under Section 482 of Cr.P.C. Therefore, this Court do not find any valid legal ground emanating from the record warranting its interference either to quash the F.I.R. or to interdict the investigation.
5. Therefore, this Criminal Petition lacks merit and it is dismissed.
However, as the offences registered against the petitioner are punishable with less than seven years period of imprisonment, the Investigation Officer shall follow the procedure contemplated under Section 41A Cr.P.C.
Miscellaneous Petitions, if any pending, in this Criminal Petition, shall stand closed.
_____________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date : 04-03-2021 Note: Issue CC tomorrow (B/o) ARR 3 THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY CRIMINAL PETITION No.1420 OF 2021 Date : 04-03-2021 ARR