HONOURABLE SRI JUSTICE G.KRISHNA MOHAN REDDY CRL.P.No.8102 of 2008 ORDER: This Criminal Petition is filed under Section 482 Cr.P.C. to quash proceedings against the petitioner (sic A-1 as shown in the F.I.R.) in Crime No.885 of 2008 on the file of the Afzalgunj police station, Hyderabad, registered for offence punishable under Section 420 IPC on the ground that he was implicated in the case alleging that he was selling ordinary sarees making the public believe that they were silk sarees, along with other accused (sic A-2 to A-5 as shown in the F.I.R.) in the case, with a dishonest intention and thereby he cheated the public, but there was no element of dishonest intention of inducing a person to deliver any property and cause wrongful loss to anybody on his part and hence, Section 420 IPC is not attracted here. 2. The case of the prosecution, in brief, is as follows: A-1 to A-5 formed into a gang being natives of Vijayawada and surrounding villages and A-1 happened to be the kind pin of the gang and they used to cheat the public by selling ordinary sarees as genuine silk sarees and A-1 used to pay A-2 to A-5 Rs.10,000/- per month towards their salaries. A-2 to A-5 under the leadership of A-1 were selling ordinary sarees as genuine silk sarees to the innocent public at Imlibun bus stand, and on information, the Sub Inspector of Police, East Zone Task Force, Hyderabad, deputed constables and got them arrested. He recorded confessional cum seizure panchanama of A-2 to A-5 on 15-11-2008. On receipt of a written complaint from him, the Head Constable of the police station, registered the case in Crime No.885 of 2008 under Section 420 IPC on his file. Further, A-1 has been absconding. 3. It is contended on behalf of A-1 in the memorandum of grounds of criminal petition that nothing was recovered from A-1 in this case whereas, it is only alleged that he happened to be responsible for the entire illegal business and unless there is necessary material to show his liability, he should not be prosecuted. 4. Therefore, the point for consideration is whether there are sufficient grounds in order to quash the proceedings as prayed for. 5. Sections 415 and 420 IPC are to be considered here: “415. Cheating.-- Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to" cheat". 420. Cheating and dishonestly inducing delivery of property.-- Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 6. It is important that the prosecution record fairly provides that A-2 to A-5 in the case involved in selling ordinary sarees claiming to be genuine silk sarees and in fact, A-1 to A-5 formed a gang being natives of Vijayawada, Krishna District and its surrounding places and A-1 happened to be the king pin of the illegal business and he used to give Rs.10,000/- to A-2 to A-5 per month as their shares which clearly attract Sections 415 and 420 IPC as it would amount to inducing the public to part with their monies and purchasing the sarees.. 7. It is pertinent to note here that the investigation of the case is not completed and during the investigation, the police may be able to collect relevant material from A-1, and as such, until the completion of the investigation of the case, it is not proper to come to the conclusion about his business activities. Hence, this Criminal Petition is not maintainable. 8. Accordingly, the Criminal Petition is dismissed. ____________________ 18th November 2011 kvr