Bandi Sri Lakshmi v. Kantheru Primary Agricultural Co-Operative Credit Society Lt

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.2903 OF 2016 ORDER:

This petition is filed by the petitioners-A5, A8, A9 and A17 under Section 482 Cr.P.C. seeking to quash the proceedings against them in Crime No.130 of 2015 on the file of Tadikonda Police Station, Guntur Rural, Guntur District, registered for the offence punishable under Sections 420, 409, 471 r/w 34 and 120 (b)IPC. Heard and perused the material available on record. It is alleged that the petitioners-accused, who are the members of the 1st respondent-Society cheated the society by obtaining loans and processing the fake loans, and that the petitioners misappropriated the funds of the society.

Considering the facts and circumstances of the case and the allegations made in the complaint, this Court is not inclined to grant the relief sought by the petitioners.

At this stage, the learned Counsel for the petitioners submitted that due to the pendency of the above crime, the petitioners apprehend arrest and harassment in the hands of the 2nd respondent-police. In view of the above submission, the 2nd respondent-police are directed to complete the investigation and file a final report, if any, without arresting the petitioners. In the event of necessity, the 2nd respondent-police are directed to issue notice to the petitioners for their appearance before the investigating agency for the purpose of investigation. On issuance of such notice, the petitioners shall appear before the investigating agency and give an undertaking as to their future appearance as and when required by the investigating agency for the purpose of investigation.

With the above direction, the Criminal Petition is disposed of. Consequently, miscellaneous petitions pending, if any, shall stand closed.

______________________ JUSTICE RAJA ELANGO Date : 8.3.2016 Nn HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL PETITION No.2903 OF 2016 DATED 8.3.2016 Nn