THE HON’BLE SRI JUSTICE K.S.APPA RAO CRIMINAL PETITION NO.6195 OF 2008 ORDER: This Criminal Petition is filed to quash the orders dated 28.04.2001 and 29.06.2006 of the 2nd and 3rd respondents withholding the chit amounts in Chit No.DLX 08/12 of the petitioner and consequently, to direct the fourth respondent to release the chit amount in Chit No.DLX 08/12 to the petitioner. As seen from the petition, the 5th respondent is the father of the petitioner and he subscribed the chit with the 4th respondent for an amount of Rs.4,00,000/- in the name of the petitioner to meet the emergencies but the fifth respondent requested the fourth respondent to return the chit amount with interest, which was paid till that date. The fourth respondent in turn informed the petitioner that pursuant to the letter dated 28.04.2001 addressed by the second respondent the amounts payable to the petitioner are withheld on account of the involvement of the 5th respondent in Crime No.176/1997 and 21 other cases of Malkapuram Police Station. It seems the 5th respondent also issued legal notice dated 11.02.2002 to the fourth respondent requesting to refund the chit amount with interest but there was no response from the fourth respondent. It is brought to the notice by the learned Public Prosecutor that pursuant to the letters dated 28.04.2001 addressed by the second respondent i.e., Zonal Inspector, CID, Visakhapatnam City, Visakhapatnam to withhold amounts liable to be paid to the petitioner herein on account of the involvement of the 5th respondent in criminal case, the 4th respondent is withholding the amount. Though the learned Public Prosecutor undertakes to produce the alleged letter dated 28.04.2001, the same was not placed before this Court in spite of sufficient reasonable opportunity was given. Unless the aforesaid letter dated 28.04.2001 is placed before this Court, it cannot be said that for what purpose the same was issued and by whom it was issued. Withholding the said letter dated 28.04.2001 by the C.B.I Inspector in spite of undertaking, I see no bona fides in the plea taken by the second respondent. As on this day, the authorities have not decided or had not come to the conclusion that the chit amount is in connection with the case of the offences registered against the 5th respondent. It is an admitted fact that the petitioner made the deposits with the 4th respondent. Therefore, in any view of the matter, withholding the amounts of the petitioner by the fourth respondent pursuant to the letters addressed by the second respondent, in my view is without any jurisdiction much less, without any basis. In the said circumstances, the proceedings withholding the chit amounts Chit No.DLX 18/12) of the petitioner herein are liable and are accordingly quashed. Consequently, it is directed that the fourth respondent shall release the amount in Chit NO.DLX 08/12 to the petitioner subject to any legal prohibitory orders against the said sum. Accordingly, the criminal petition is allowed. ______________ K.S.APPA RAO,J 01st April 2011 bud