K.Kiran Kumar v. The State,

HONOURABLE SRI JUSTICE M.S.K. JAISWAL CRIMINAL PETITION No. 10162 OF 2010 DATED 27TH November, 2015 BETWEEN K. Kiran Kumar

...Petitioner

And The State, SHO Vanasthalipuram PS, Rep. by Public Prosecutor, at High Court of AP, Huderabad and anr

...Respondents,.

HONOURABLE SRI JUSTICE M.S.K. JAISWAL CRIMINAL PETITION No. 10162 OF 2010 ORDER:

This Criminal Petition under Section 482 Cr.P.C. is filed by the petitioner/Accused No.1 seeking to quash crime No. 689 of 2010 on the file of the Station House Officer, Police Station, Vanasthalipuram, Ranga Reddy registered for the offence punishable under Section 420 IPC.

The defacto complainant/second respondent herein and others lodged a complaint with the police alleging that the petitioner/Accused No.1 and others have made them to believe to make investments with them so as to yield good returns and accordingly the petitioner/Accused No.1 and others collected amounts from them (second respondent and others) and thereafter they failed to repay the amounts so collected. It is further alleged that when the defacto complainant and others insisted for payment, they petitioner/Accused No.1 gave cheques and the same were dishonoured. It is thus alleged that the petitioner/Accused No.1 and others having made them to believe in making to invest in their schemes and having collected the amounts from them, failed to repay the same and accordingly cheated them.

Having heard the learned Counsel for the petitioner, learned Public Prosecutor appearing for the State, and having perused the material on record, prima facie it is a case where investigation has to be completed so as to find out truth or otherwise of the allegations made in the complaint. It is not a case where the proceedings can be quashed at this stage. In view thereof, the police are directed to complete the investigation expeditously without effecting arrest of the petitioner/Accused No.1 and by scrupulously following the due procedure as contemplated under Section 41-A Cr.P.C.

With the above, the Criminal Petition is dismissed. Miscellaneous petitions pending consideration if any in the Criminal Petition shall stand closed.

------------------------------------- JUSTICE M.S.K. JAISWAL

DATED 27TH NOVEMBER, 2015.

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