Madamsetty Siva Kumar (A4) v. The State Of Ap.

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.4140 OF 2016 ORDER:

This petition is filed by the petitioner-accused under Section 482 Cr.P.C. seeking to quash the proceedings against him in FIR No.732 of 2015 on the file of the Krishnalanka Police Station, Vijayawada, registered for the offence punishable under Sections 420, 384 and 506 IPC.

Heard and perused the material available on record. It is alleged that the 2nd respondent obtained loan of Rs.3 lakhs from the petitioner. The petitioner obtained blank promissory notes and blank cheques from her. Even though she paid Rs.2 lakhs, he did not issue any receipt to her. He is harassing her over phone to pay the remaining amount. It is further alleged that when the 2nd respondent intended to sell her property, the petitioner instructed her to get the original papers to his house on the ground that his relative intends to purchase the said property. After taking the papers, he informed that he would give Rs.2 lakhs to her. But he neither gave any amount nor returned the papers to her. He demanded her to pay Rs.7 lakhs. He threatened the 2nd respondent, her son and son-in-law.

Considering the facts and circumstances of the case and the allegations made against the petitioner, this Court is of the view that the investigating agency should be allowed to have a fair investigation in this matter. Therefore, this Court is not inclined to grant the relief sought by the petitioner.

Accordingly, the Criminal Petition is dismissed. However, the petitioner is at liberty to approach this Court, if any final report is filed against him after completion of the investigation. ______________________

JUSTICE RAJA ELANGO Date : 28.3.2016 Nn HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL PETITION No.4140 OF 2016 DATED 28.3.2016 Nn