Smt. Shaik Aziz Unnisa ® Bade Bee v. The State Sho,

THE HON'BLE SRI JUSTICE U.DURGA PRASAD RAO CRIMINAL PETITION No.1246 of 2015 ORDER:

Upon hearing both sides, at the admission stage, the following Order is passed:

As can be seen from the complaint allegations, both A.1 and A.2 on 21.07.2011, approached the complainant through one Kareema of Nandigama, who is the sister of the complainant, and requested her to join in the chit subscription for Rs.2,00,000/- being run by the accused privately and accordingly, the complainant subscribed amounts and sent to the second accused to a tune of Rs.2,16,390/- and in all, the complainant paid an amount of Rs.3,60,000/- under different installments. Later, when the complainant requested the accused in the first week of February, 2013, they have postponed the payment of the due amount on one pretext or the other.

On suspicion, the complainant went to Nandigama and enquired the matter and she came to know that first accused shifted her house from Nadigama to Guntur and so she went to Guntur and demanded the first accused to pay the amount, but the first accused gave evasive replies. When she enquired with the second accused, she also gave evasive replies and asked her to contact the first accused. Therefore, the complainant felt that she was cheated by A.1 and A.2 to a tune of Rs.3,60,000/-. The investigation is reported to be pending.

In view of the prima facie accusation against both the accused, it is not a fit case to quash the proceedings. However, considering the submission of the learned counsel for petitioner that the petitioner/A.1 is a woman, the Police of Nandigama Police Station, Krishna District, are directed to strictly follow the procedure contemplated under Section 41-A Cr.P.C. towards the petitioner/Accused No.1 during the

course of investigation. The petitioner shall cooperate with the investigating agency for smooth completion of investigation. Accordingly, the Criminal Petition is dismissed. As a sequel, miscellaneous petitions, if any, pending shall stand closed.

______________________ U.DURGA PRASAD RAO,J 03-03-2015 Note : Issue C.C. by tomorrow.

eha THE HON'BLE SRI JUSTICE U.DURGA PRASAD RAO

CRL.P. No. 1246 of 2015 Dt. 03.03.2015 eha