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High Court for State of TelanganaCRLP/5226/2016partly allowed no costs

Akula Bhavani v. The State Of Ap.

2016-04-20Raja Elango2 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.5226 of 2016 ORDER:

This Criminal Petition is filed by the petitioners-A.1 & A.2 under Section 482 Cr.P.C., to quash the proceedings in Crime No.565 of 2015 on the file of Nallapadu Police Station, Guntur Urban for the offences under Sections 420, 506, 468 r/w 34 IPC.

First petitioner herein is the mother of second petitioner, who is a student. The allegations in the complaint are that the second petitioner and younger daughter are learning classical dance a t Venkateswara Swamy Temple, Brindavan Gardens.

The second petitioner alleged to have instigated the complainant that her mother-A.1 is a law officer and she can arrange a job to her younger daughter.

Believing her version, the complainant gave an amount of Rs.10 lakhs on different dates to the first petitioner and in turn, the first petitioner created some fake appointment orders of government institutions and thus, cheated the complainant. Heard and perused the material available on record. As seen from the contents of the complaint, as far as first petitioner is concerned, certain serious allegations are made and the truth or otherwise of the same can be ascertained by the investigating agency during the course of investigation and this Court is not inclined to quash the proceedings against her in the said crime at this stage and the Criminal Petition is accordingly dismissed as against first petitioner.

As far as second petitioner is concerned, the only allegation against her is that because of her, the complainant came into contact with the first petitioner. Except that, no serious allegations are made against the second petitioner, who is aged about 15 years studying X-Class. The entire reading of the complaint does not disclose any offence as alleged against the second

petitioner. Hence, the impugned proceedings are liable to be quashed as against the second petitioner.

In the result, the Criminal Petition is partly allowed and the proceedings in Crime No.565 of 2015 on the file of Nallapadu Police Station, Guntur Urban are hereby quashed as against the second petitioner. Pending Miscellaneous Petitions, if any, shall stand closed. _________________ RAJA ELANGO,J 20.04.2016.

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