HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7322 OF 2010 Dated : 17.08.2010 Between : G.Dharmalinga Prasad … Petitioner-A.2 A n d The State of A.P. & another … Respondents HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7322 OF 2010 ORDER: This Criminal Petition under Section 482 of the Code of Criminal Procedure is filed by the petitioner-A.2 seeking to quash the proceedings in F.I.R.No.231 of 2005 of I Town Police Station, Bhimavaram, registered for the offence punishable under Sections 420 and 406 read with 34 of Indian Penal Code. In a nutshell, the allegations against the petitioner and his wife, who is arrayed as A.1, are that A.1 who was transacting chit business, collected Rs.2500/- per month for 20 months i.e. Rs.50,000/- in total from the complainant. But subsequently, A.1 failed to return the amounts. At that time, A.1 got believed the complainant that A.2 will provide a job to him in Commercial Tax Department and collected Rs.1,50,000/- from him. Even after repeated demands of the complainant also, either the petitioner or his wife either provided any job as promised or repaid the amounts taken from the complainant. Hence, the present complaint. Heard. Learned counsel for the petitioner submitted that even prior to lodging of the present complaint i.e. in the month of September, 2004, a civil suit is filed by the complainant. Hence, the proceedings in criminal case are liable to be dismissed. This Court is of the view that the said facts can be investigated into by the investigating officer and at this stage of investigation, this Court is not inclined to interfere with the matter. In view of the same, the present Criminal Petition is liable to be dismissed. In any event, the investigating officer is directed to consider the submissions made by the counsel and shall also receive the material to be produced by the petitioner and decide the issue in accordance with law. With above observation, the Criminal Petition is disposed of. Miscellaneous Petitions filed in the Criminal Petition, if any, shall stand closed. ________________________ JUSTICE RAJA ELANGO Dated : 17.08.2010 sur