THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.2877 of 2008 Dated:22nd July, 2010 Between: Nimmagadda Srinivasa Ravi Kumar ….Petitioner/Accused and 1. Vattigunta Sudharani & Anr. …Respondents **** THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.2877 of 2008 ORDER: This Criminal Petition has been taken out by Nimmagadda Srinivasa Ravi Kumar under Section 482 Cr.P.C. with a prayer to quash the proceedings in Crime No.141 of 2007 of III Town Law and Order Police Station, Nellore. 2. 1st respondent-Vattigunta Sudharani presented a report before the Superintendent of Police, Nellore, alleging inter alia that the petitioner herein collected Rs.1,75,000/- promising to secure employment for her in Canada and subsequently, he failed to do anything towards performance of the contract on his part. It is further averred in the report that the petitioner after collecting money from various persons closed the Nellore Branch. Basing on the said report submitted by the de facto complainant, the Station House Officer, III Town Law and Order P.S., Nellore, registered a case in Crime No.141 of 2007 for the offence under Section 420 IPC. Hence, this Criminal Petition by the petitioner with the prayer stated supra. 3. Heard learned counsel appearing for the petitioner and learned counsel appearing for the 1st respondent-de facto complainant and the learned Additional Public Prosecutor appearing for the 2nd respondent-State. 4. Learned counsel appearing for the petitioner submits that the petitioner possessed valid certificate issued by the Registering Authority and Protector General of Emigrants, Government of India, Ministry of Overseas Indian Affairs, to carry on business for recruitment and deployment of Indian workers with foreign employers and even if the de facto complainant entered into an agreement with the petitioner and subsequent breach of its terms by the petitioner, it gives only civil liability and not the criminal prosecution. Learned counsel refers the Photostat copy of the certificates issued by the Registering Authority and Protector General of Emigrants, Government of India, Ministry of Overseas Indian Affairs. 5. Learned counsel appearing for the 1st respondent-de facto complainant resisted the application. 6. I have gone through the report presented by the 1st respondent-de facto complainant. It is stated by the 1st respondent in the report that the petitioner collected Rs.1,75,000/- from her and subsequently closed his branch at Nellore. It is further averred in the report that the petitioner collected money not only from the 1st respondent, but also from various other persons before closure of the Nellore Branch. The averments made in the report need to be gone into in the investigation. The averments stated in the report cannot be brushed aside at the threshold, ranking them as untrue. This is not a fit case to interdict the investigation in exercise of powers under Section 482 Cr.P.C. 7. Accordingly, the Criminal Petition is dismissed. The interim stay granted on 30.09.2008 shall stand vacated. ______________________ B.SESHASAYANA REDDY, J. Date:22nd July, 2010. cs THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.2877 of 2008 Dated:22nd July, 2010