M. V.V. Satyam, v. Namboori Subba Rao,

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.4378 OF 2016 ORDER:

This petition is filed by the petitioner-accused No.1 under Section 482 Cr.P.C. seeking to quash the proceedings against him in Crime No.75 of 2016 on the file of Town Police Station, Amalapuram, East Godavari District, registered for the offences punishable under Sections 417 and 420 IPC.

Heard and perused the material available on record. It is alleged that the petitioner and other accused cheated the respondents 2 and 3 and also other persons by making them to deposit Rs.30,000/- each with their company and also gave assurance that they will give monthly amount of Rs.3,500/- for 36 months and also gave 32" LED TV, and after depositing the amount by both respondents 2 and 3, the petitioner closed his shop and absconded. The truth or otherwise of the above said allegations can be ascertained during the enquiry. Therefore, this Court is not inclined to interfere with the investigation against the petitioner. At this stage, the learned Counsel for the petitioner submitted that due to the pendency of the above crime, the petitioner apprehends arrest and harassment in the hands of the police.

In view of the above submission, the police concerned are directed to complete the investigation and file a final report, if any, without arresting the petitioner. In the event of necessity, the police concerned are directed to issue notice to the petitioner for his appearance before the investigating agency for the purpose of investigation. On issuance of such notice, the petitioner shall appear before the investigating agency and give an undertaking as to his future appearance as and when required by the investigating agency for the purpose of investigation.

With the above directions, the Criminal Petition is disposed of. Consequently, miscellaneous petitions pending, if any, shall stand closed.

______________ RAJA ELANGO, J March 30, 2016.

KTL