HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.1134 of 2008 ORDER: Petitioners approach this Court with a prayer to quash the proceedings against them in C.C.No.105 of 2007 on the file of the First Additional Chief Metropolitan Magistrate, Vijayawada, whereby they are facing charge for the offence punishable under Sections 420 of IPC and 24 of the Immigration Act, 1983. 2. Heard both sides. 3. The main allegation against the petitioners herein is that they received a sum of Rs.1,43,000/- from the de facto complainant on the basis of sending him to foreign country and subsequently, they neither returned the money nor arranged for the same. The present complaint is lodged in the year 2005 by the de facto complainant. The opening words of the complaint starts as follows: “That in the year 1998 through newspapers the complainant was aware of the fact that the petitioners herein have collected huge amounts from various persons and also arrested by the police and they are facing criminal cases’. But, after lapse of seven years, the present complaint is lodged. Learned counsel for the petitioners submitted that on the same set of facts, already a case was registered by the same police and after due trial by the competent court, the petitioners were acquitted. Since the petitioners were acquitted by the competent Court holding that they are acting only as agents to the main accused, the present complaint is taken on file and investigation agency foisted the present case. This Court perused the entire records and also material placed before this Court. It is clearly evident from the records that on the same set of allegations by some other persons, who lodged the complaint against the petitioners, the same was investigated by the police and after filing of charge sheet, they were acquitted by the competent trial Court. But, whereas the present complainant even though he is aware of the fact in the year 1998 itself that the petitioners were arrested by the concerned police in connection with the same set of facts, lodged the complaint after lapse of seven years. There is no explanation in the complaint for the delay in lodging the same. It is also evident from the records that since aggrieved over the acquittal by the competent Court, the present complaint is filed by the respondent-police. This Court is of the view that even after full pledged trial conducted by the competent Court on the same set of facts, there is no possibility of any conviction in view of the fact that the petitioners acted only as agents to the main accused and there is no criminal liability on the part of the petitioners herein. In that view of the matter, the proceedings pending against the petitioners in C.C.No.105 of 2007 on the file of the First Additional Chief Metropolitan Magistrate, Vijayawada are hereby quashed and the Criminal Petition is allowed. Miscellaneous petitions filed along with the criminal petition, if any, shall stand closed. ________________ RAJA ELANGO, J. 24th February 2011, Rns.