Pentapally Sabitha, D/O. Late Pentapally Satyanarayana, v. State Of Andhra Pradesh, Home Department, Secretariat,

HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO W.P.No.10637 of 2017

ORDER

Challenging registration of Cr.No.54 of 2017 by the 3rd respondent based on the complaint lodged by the 4th respondent, the present writ petition is filed.

Learned counsel appearing for the petitioners submits that though there are civil suits pending between the petitioners and the 4th respondent, the 4th respondent lodged the complaint alleging cheating and that no prima facie case is made out in the complaint itself.

Since crime was already registered, it is for the Investigating Officer to consider the tenability and veracity of the complaint during the course of investigation.

In view of the same, this Writ Petition is disposed of directing the 3rd respondent to continue the investigation strictly in accordance with law by complying with the provisions under Section 41-A of the Code of Criminal Procedure. No costs. Miscellaneous petitions, if any, pending shall stand closed. ___________________________________ JUSTICE A.RAMALINGESWARA RAO 11th April, 2017 rkk[