THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.3026 of 2009 (Dated : 20-08-2010) Between: Kesavarapu Srinivasa Reddy Singarayakonda Mandal, Prakasam District and another …Petitioners A n d State of Andhra Pradesh, through S.H.O., Singarayakonda Police Station …Respondents THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.3026 of 2009 ORDER: This Criminal Petition has been filed under Section 482 Cr.P.C by A-2-Kesavarapu Srinivasa Reddy and A-4-Kesavarapu Varakumar Reddy in C.C.No.402 of 2007 on the file of the Additional Judicial First Class Magistrate, Kandukur with a prayer to quash the proceedings therein, so far as they are concerned. 2. The 2nd respondent is the de facto complainant in C.C.No.402 of 2007. The defacto complainant-2nd respondent presented a complaint before the Additional Judicial First Class Magistrate, Kandukur alleging inter alia that the petitioners herein along with three other accused induced him to pay Rs.2,00,000/- on the premise of their securing employment to his son. Subsequently, they failed to secure employment to his son in States. The complaint came to be forwarded to the Station House Officer, Singaraya Konda P.S under Section 156(3) Cr.P.C. Thereupon, the Station House Officer, Singaraya Konda P.S registered a case in Crime No.17 of 2007 for the offences under Sections 406, 417, 420, 421, 120-B read with 34 IPC and issued F.I.R. After due investigation, a charge sheet came to be presented before the Additional Judicial First Class Magistrate, Kandukur. The learned Magistrate took the charge sheet on file as C.C.No.402 of 2007. Hence this petition by A-2 and A-4 with the prayer stated supra. 3. Heard learned counsel appearing for the petitioners and perused the material brought on record. 4. Learned counsel appearing for the petitioners submits that the 2nd respondent lent amount to Koti Reddy who is brother-in- law of petitioners 1 and 2 and the said Koti Reddy failed to discharge his liability and resorted to filing I.P.No.40 of 2006 and as a counter blast to the I.P filed by Koti Reddy, the 2nd respondent herein filed a complaint implicating all the family members of father-in-law of Koti Reddy. A further submission has been made that most of the witnesses cited in the charge sheet have been shown as creditors in the I.P filed by Koti Reddy, and therefore, no credence can be given to the statements recorded under Section 161 Cr.P.C. 5. Per contra; learned counsel appearing for the 2nd respondent submits that complaint averments clearly indicate that the petitioners herein who are in States made the 2nd respondent-defacto complainant to part with money on the assurance of their securing employment to his son, and their assurance is proved not bona fide since inception and in which case, the proceedings in C.C.No.402 of 2007 cannot be quashed. 6. I have gone through the complaint filed by the 2nd respondent before the Additional Judicial First Class Magistrate, Kandukur, which has been forwarded to the police under Section 156(3) Cr.P.C and also the charge sheet in Crime No. 17 of 2007. It is averred in the complaint as well as in the charge sheet that the petitioners herein, who figured as A-2 and A-4, talked to the 2nd respondent over phone and assured placement to his son and thereby made him to part with Rs.2,00,000/-. Subsequently, the petitioners neither returned the money nor secured employment to the son of the 2nd respondent. In view of the specific accusation leveled against the petitioners this is not a fit case to quash the proceedings by invoking inherent jurisdiction of this Court under Section 482 Cr.P.C. 7. Accordingly, the Criminal Petition is dismissed. _____________________ B.SESHASAYANA REDDY, J Dt.20-08-2010 RAR THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.3026 of 2009 (Dated : 20-08-2010)