THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY CRIMINAL PETITION NO.6332 OF 2008 Date: 25th March, 2011 Between: Kamireddy Sudhakar Reddy …..Petitioner And The State of Andhra Pradesh, rep. by Public Prosecutor, High Court of Andhra Pradesh, Hyderabad and another. …..Respondents THE COURT MADE THE FOLLOWING: THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY CRIMINAL PETITION NO.6332 OF 2008 ORDER: This Criminal Petition is filed to quash F.I.R. in Crime No.122 of 2008 on the file of Naidupet Police Station, Nellore District registered for offences punishable under Sections 419, 420, 465 and 467 of IPC. The petitioner is the accused and the 2nd respondent is the complainant in the Crime No.122 of 2008. The brief facts of the case are as follows: The 2nd respondent filed private complaint under Section 190(1) Cr.P.C. for the offences punishable under Sections 419, 420, 465 and 467 of IPC before the Judicial Magistrate of First Calss, Sullurpet against the petitioner on the ground that one V.Changa Reddy took Janatha Personal Accident Insurance Policy for Rs.25,000/- with New India Assurance Company Limited, Gudur on 19.6.1996 bearing policy No.4761140403256, mentioning the complainant as nominee and by virtue of the death of the policy holder, she approached the Branch Manager claiming the amount, but came to know that the accused introduced one person as that of the complainant and got opened account in the name of the complainant and consequently got withdrawn the amount impersonating the complainant and hence the accused committed the said offences. It is the contention of learned Counsel for the petitioner that the complainant also filed a complaint under Section 12 of the Consumer Protection Act, 1986 bearing C.D.No.5 of 2004 before the District Consumer Disputes Redressal Forum, Nellore against the Branch Manager, New India Assurance Company Limited, Gudur on the ground that the amount was not given to her and after necessary enquiry, it was recorded by the District Consumer Disputes Redressal Forum, Nellore that she received the amount in the year 1997 itself and the complaint was frivolous, vexatious and fraudulent one as the signatures contained in the corresponding claim application, disbursement voucher and withdrawal form pertaining to the concerned Andhra Bank belonged to her and in fact, that order passed by the District Consumer Disputes Redressal Forum, Nellore has become final. Therefore, it is to be mainly examined as to whether sufficient material is there to quash the proceedings. A copy of the order passed by the District Consumer Disputes Redressal Forum, Nellore in C.D.No.5 of 2004, dated 9.11.2004, is filed before the Court, it upholds the contentions raised by the learned Counsel for the petitioner/accused. There is also no basis to say that any appeal or revision was preferred by the complainant before the State Consumer Forum against the order passed by the District Consumer Disputes Redressal Forum, Nellore. Therefore, it clearly appears that the same order became final. Further, even though relevant notices were served upon the 2nd respondent, she has not made her appearance before this Court. There are no merits in the case and accordingly, it is to be quashed. In the result, the petition is allowed, quashing the proceedings in Crime No.122 of 2008. _____________________________________ JUSTICE G.KRISHNA MOHAN REDDY 25th March, 2011 Tjmr THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY CRIMINAL PETITION NO.6332 OF 2008 DATE: 25th March, 2011 TJMR