Andhra Pradesh High Court - Amravati
Yenneti Jaya Lakshmi vs Yenneti Uma Maheswari on 2 February, 2021
Author: Cheekati Manavendranath Roy
Bench: Cheekati Manavendranath Roy
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
CRIMINAL PETITION No.529 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.705 of 2020 of Duvvada Police Station of Visakhapatnam District.
2. Heard learned counsel for the petitioners and the learned Additional Public Prosecutor.
3. The 1st respondent, who is the de facto complainant, lodged a report with the police alleging that the petitioners herein have conducted unauthorized chit fund business and collected money from the de facto complainant and also from the other public in the vicinity and thereafter did not pay the amount due to the members of the said chit fund scheme and the petitioners have squandered away the money and cheated the de facto complainant and others. The said report was registered as a case in the above crime for the offences punishable under Section 420 r/w 34 of the Indian Penal Code, 1860 (for short "I.P.C.") and under Section 76 r/w 4 and 11 of the Chit Funds Act, 1982. The said case is now under investigation.
4. The contents of the report show that it is a case where the petitioners have cheated gullible public by collecting money from them in the name of the chit fund business and cheated them. So, the allegations of the F.I.R. prima facie constitute the offences punishable under Section 420 of I.P.C. and under 2 Section 76 r/w 4 and 11 of the Chit Funds Act. So, the matter requires investigation to find out the truth or otherwise of the said allegations. There are not valid legal grounds emanating from the record warranting interference of this Court either to quash the F.I.R. or to stay the investigation.
5. Therefore, this Criminal Petition is devoid of merit and it is dismissed.
However, as the offences registered against the petitioners are punishable with less than seven (07) years period of imprisonment, the Investigation Officer is directed to follow the procedure contemplated under Section 41A Cr.P.C. and the guidelines prescribed by the Hon'ble Apex Court in Arnesh Kumar v. State of Bihar and another1 case.
Miscellaneous Petitions, if any pending, in this Criminal Petition, shall stand closed.
_____________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date : 02-02-2021 ARR 1 (2014) 8 SCC 273 3 THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY CRIMINAL PETITION No.529 OF 2021 Date : 02-02-2021 ARR