HONOURABLE SRI JUSTICE G.KRISHNA MOHAN REDDY CRL.P.No.203 of 2009 ORDER: This Criminal Petition is filed under Section 482 Cr.P.C. to quash proceedings against the petitioners/A-1 to A-4 in Crime No.885 of 2008 on the file of Afzalgunj police station, Hyderabad, registered for offence punishable under Section 420 IPC on the ground that they were implicated in the case alleging that they, along with A-5 in the case, were selling ordinary sarees to the public making the public believe that they were silk sarees, with a dishonest intention, and thereby, they cheated the public, but there is no element of dishonest intention of inducing the public to deliver any property and cause a wrongful loss to the public on their part and hence, Section 420 IPC is not attracted to them. 2. The case of the prosecution, in brief, is as follows: A-1 used to carry out illegal business of selling ordinary sarees as genuine silk sarees through A-2 to A-5 to the public and he used to pay them Rs.10,000/- per month towards salaries they being natives of Vijayawada and surrounding places. On the basis of a credible information that A-2 to A-5, were selling ordinary sarees as genuine silk sarees to the innocent public at Imlibun bus stand, Hyderabad, the Sub Inspector of Police, East Zone Task Force, Hyderabad, deputed his constables and got them arrested and recorded their confessional cum seizure panchanama and 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 15-11-2008. 3. It is contended on behalf of the petitioner in the memorandum of grounds of criminal petition that nothing was recovered from them in this case and it is only alleged in the F.I.R. that they were having sarees with bills, and unless there is sufficient material about their liability, prima facie, they 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. The prosecution record fairly provides that A-1 to A-5 in the case involved in selling ordinary sarees claiming to be genuine silk sarees and in fact A-1 formed a gang with A-2 to A-5, natives of Vijayawada, Krishna District and its surrounding places and he used to give Rs.10,000/- per month to A-2 to A-5 as their shares. There is material to the effect that they induced the public to purchase the sarees parting with their monies to attract Sections 415 and 420 IPC. 7. It is pertinent to note here that the investigation of the case is not completed. Hence, the petition is not maintainable. 8. Accordingly, the Criminal Petition is dismissed. ____________________ 18th November 2011 kvr