Mohd. Ghouse Mohiuddin, And Another, v. Abdul Aziz And Another,

SMT JUSTI CE T. RAJANI CRI MI NAL PETI TI ON No.8 5 0 1 of 2 0 1 1 ORDER:

This criminal petition is filed, seeking for quash of the proceedings in Cr.No.343 of 2010, against the petitioners, who are A2 and A3, on the file of the Station House Officer, Asifnagar Police Station. The offence alleged is under Section 420 of the Indian Penal Code.

2.

Heard the counsel for the petitioners and the learned Public Prosecutor, appearing for the second respondent. None appears for the first respondent in spite of notice.

3.

The facts of the case, briefly, as per the complaint are that the defacto complainant approached A1 for admission into MBBS course for his son and that A1 took him to S.V.S. College, Mahaboobnagar for admission purpose and introduced some unknown person as the Chairman of the said college. But actually the Chairman of the said college is Mr. K.K. Reddy, hence, he entertained a suspicion that A1 was cheating him. Later, A1 gave the mobile number of his father, A2, who, in turn, asked to contact to two persons to pay due amount, by selling the office articles and security deposit of the office. The allegation against A2, being the father of A1, is that he promised the complainant to repay the due amount within ten days.

The allegation against A3, mother of A1, is that she issued a notice that the defacto complainant was harassing them.

4.

However, from the contents of the complaint, it can be seen that the petitioners did not have any role to play in the alleged cheating, which was, in fact, alleged only against A1. Hence, in view of the above, this Court opines that continuation of further proceedings against the petitioners would only result in abuse of process of law. In the light of the above, the criminal petition is allowed and the further proceedings in Cr.No.343 of 2010 on the file of the Station House Officer, Asifnagar Police Station, against the petitioners, who are A2 and A3, are hereby quashed.

As a sequel, the miscellaneous petitions, if any pending, shall stand closed. __________ T. RAJANI, J September 10, 2018 DSK