Andhra Pradesh High Court - Amravati
Sambavarapu Siva Ramakrishna, vs The State Of Andhra Pradesh on 8 December, 2020
Author: Cheekati Manavendranath Roy
Bench: Cheekati Manavendranath Roy
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
CRIMINAL PETITION No.5662 OF 2020
ORDER:-
This petition under Section 482 of the Code of Criminal Procedure, 1973, is filed seeking quash of F.I.R in Crime No.376 of 2019 of Arilova Police Station, Visakhapatnam District.
2. Heard learned counsel for the petitioner and the learned Additional Public Prosecutor for the State.
3. The allegations ascribed in the F.I.R prima facie show that the petitioner has run a private unauthorized chit fund business and collected huge money from the public and thereafter he did not pay the returns payable to the subscribers of the said chit fund scheme and has squandered away the public money to a tune of lakhs of rupees and cheated the gullible public and misappropriated the public money.
4. Therefore, the matter requires investigation to find out the truth or otherwise of the said allegations. Having regard to the seriousness of the allegations, which prima facie constitute offences punishable under Sections 406 and 420 IPC and under Sections 4 and 5 of the PC and MCSBA Act, this Court do not see any valid legal ground warranting its interference under Section 482 Cr.P.C either to quash the F.I.R or to interdict the investigation. There are absolutely no grounds even to prima facie hold that very launching of prosecution against the petitioner under the aforesaid F.I.R amounts to abuse of process of law. 2
5. In the result, the Criminal Petition is dismissed. However, as the offences registered against the petitioner are all punishable with less than seven (07) years period of imprisonment, the Investigating Officer is directed to follow the procedure contemplated under Section 41A Cr.P.C and the guidelines prescribed by the 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: 08-12-2020 AKN 1 (2014) 8 SCC 273 3 THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY CRIMINAL PETITION No.5662 OF 2020 Date: 08-12-2020 AKN