HON’BLE SRI JUSTICE B.CHANDRA KUMAR CRIMINAL PETITION No.4039 OF 2009 ORDER: The petitioners are accused Nos.3 to 5 in Crime No.266 of 2009 of Satyanarayanapuram Law and Order Police Station, Vijayawada City, Krishna District. They are seeking to quash the said First Information Report. The 2nd respondent herein is the complainant. She lodged a complaint on 08.05.2009 at about 2.00 P.M., alleging that she is doing tailoring and her friend B.Lakshmi is residing with her grandmother and she joined as a member in three Chits worth of Rs.20,000/- each and paid all the instalments for three chits. The said Lakshmi has to give another Rs.60,000/- towards hand and totally, the said Lakshmi is due of Rs.1,20,000/-. When she questioned about her money, the said Lakshmi postponed the matter on one pretext or the other and since 31st March, 2009 the said Lakshmi found disappeared. When she enquired with the grandmother and other relatives about Lakshmi, they replied deliberately and while abusing came to beat her. Hence, she requested to take action and direct the above said persons to settle her money. Basing on the complaint, the Police of Satyanarayanapuram Law and Order Police Station, Vijayawada City, Krishna District, registered a case in Crime No.266 of 2009 on 08.05.2009 under Section 420 of the Indian Penal Code (for short, ‘IPC’). 2. The learned counsel for the petitioners submits that a reading of the First Information Report reveals that no allegation of cheating has been made against the petitioners and the entire allegation is against A.1 i.e., B.Lakshmi only. It is also his submission that even at the time of remand report, no specific allegation of cheating has been made against the petitioners. His main submission is the 1st petitioner is aged about 60 years and the 3rd petitioner is aged about 70 years and since no prima facie case has been made out against the petitioners, the proceedings have to be quashed against them. 3. Heard the learned Public Prosecutor. Perused the entire record. 4. As seen from the allegations made by the complainant in her complaint dated 08.05.2009, the allegation of cheating is made against only B.Lakshmi (A.1). As far as the allegation of cheating is concerned, there is nothing against the petitioners in the said complaint. Admittedly, the police have registered a case for the offence punishable under Section 420 IPC only. Since there is no allegation of cheating made against the petitioners, it is clear that the proceedings as far as the offence of Section 420 IPC is concerned cannot be continued against the petitioners. It is clear that the allegations made in the First Information Report even if they are taken at their face value and accepted in their entirety do not prima facie statute the alleged offence of Section 420 IPC and therefore, the First Information Report as far as petitioners are concerned is required to be quashed in the interest of justice, otherwise the same may amount to abuse of process. 5. Accordingly, the Criminal Petition is allowed and the First Information Report in Crime No.266 of 2009 of Satyanarayanapuram Law and Order Police Station, Vijayawada City, Krishna District, stands quashed as far as the petitioners/A.3 to A.5 are concerned. The police may proceed against other accused in accordance with law. ___________________________ JUSTICE B.CHANDRA KUMAR Date:29.09.2011 INL