THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY Crl.P.No.8143 of 2009 ORAL ORDER: This petition is filed under Section 482 Cr.P.C. seeking to quash proceedings in Cr.No.259 of 2009 of Vanasthalipuram Police Station, Cyberabad, Hyderabad registered for offence punishable under Section 420 IPC. The petitioner is the accused and the first respondent is the complainant in the criminal case. For the sake of convenience, the parties hereinafter will be referred to as they are arrayed in the criminal case. The brief facts of the case are as follows: The complainant purchased SCORPIO vehicle bearing No.AP09- TR-0333 and hypothecated it to Mahindra Finance, Khammam branch. She paid instalments regularly upto 17.11.2008 for which the finance company issued receipts. The complainant approached the Accused (Branch Manager of the Finance Company) with intention to pay the remaining balance loan amount and get it registered in her name. Then as per the demand made by the accused, the complainant paid a sum of Rs.5,45,000/- to the accused and the accused promised to arrange No Objection Certificate (NOC), but in spite of several requests made by the complainant, the accused failed to give NOC to the complainant. Hence the complainant filed complaint under Section 190(1)(a) Cr.P.C. before the VII Metropolitan Magistrate, Cyberabad at Hayathnagar, which was referred to Vanasthalipuram Police Station where it was registered as Cr.No.259 of 2009. It is the contention of learned counsel for the accused that even if the allegations made are true and correct, no case of cheating is established prima facie and in fact the accused issued notice to the complainant to pay a sum of Rs.7,20,000/- which was in fact due under the transaction and only as a counter blast, the complainant got filed the case. The learned counsel also has filed a copy of the notice which is to the same effect. The learned Public Prosecutor opposed the petition. Therefore it is to be seen whether the offence under Section 420 IPC is made out or there are grounds to quash the proceedings or not. In order to attract the provisions of Section 420 IPC, there should be inducement on the part of the accused to part with her property and accordingly parting of her property. The facts of the case do not attract the ingredients of Section 420 IPC even supposing all those facts are in fact true and correct. It clearly appears that the learned Magistrate without applying his mind had taken the case on file and referred the matter to the police. The learned Magistrate is not supposed to refer the matters blindly to the concerned police under Section 156(3) Cr.P.C. for investigation and report. When apparently, the allegations made against the accused are not attracting the ingredients of Section 420 IPC, by doing so, it would cause lot of sufferance and wastage of time and money to the accused concerned. The Judicial Officers have to work and carry out their duties consciously while dealing with various cases, which they come across. Because of the nature of their duties whatever they do while carrying out their duties, it would have lot of impact on the persons concerned with. Any miscarriage of justice may lead to far reaching consequences. For the reasons discussed above, the criminal petition is allowed and the impugned proceedings are hereby quashed. ________________________ G.KRISHNA MOHAN REDDY, J Dated: 28-12-2011 DA THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY Crl.P.No.8143 of 2009 28.12.2011 IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY Crl.P.No.8143 of 2009 Date: 28th December, 2011 Between: B.Ramu .. Petitioner/Accused And 1. Smt.M.Krishna Veni 2. The State of A.P., rep. by the Public Prosecutor, High Court of A.P., Hyderabad .. Respondents