HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRL.P.No.12517 OF 2010 ORDER: This petition is filed under Section 482 Cr.P.C., for quashing further proceedings against the petitioner/accused in C.C.No.341 of 2010, on the file of the IX-Additional Chief Metropolitan Magistrate, Hyderabad. 2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent- State. Perused the record. 3. Based on the complaint given by one Ajit B.Chavan, Protector of Emigrants, the police registered a case in Cr.No.78 of 2010 under Sections 10 and 24 of the Emigration Act, 1983 against the petitioner, who is stated to be a proprietor of M/s Al-Karim Consultancy. In the complaint, it is stated that the complaint was lodged pursuant to the direction given by the Ministry of Overseas Indian Affairs, Government of India, New Delhi. After investigation, the police filed charge sheet against the petitioner for the above said offences and the same was taken cognizance in C.C.No.341 of 2010. According to the prosecution, as per Section 10 of the Emigration Act, no recruiting agent shall, after the commencement of this Act, commence or carry on the business of recruitment except under and in accordance with a certificate issued in that behalf by the competent authority under the Government of India and the petitioner M/s Al-Karim Consultancy firm is not having any such valid licence. It is further alleged that the petitioner, without having any such valid licence to run the consultancy, has been recruiting and forwarding members to foreign countries. The learned counsel for the petitioner would submit that the petitioner was earlier having a licence, which was lapsed and renewal was pending. 4. The question as to whether or not the petitioner was having a valid licence as on the date of the alleged offence and whether or not he violated the provisions of Section 10 of the Emigration Act, are all matters to be considered by the trial Court on evidence. 5. Having regard to the specific allegations made in the complaint and also in the charge sheet against the petitioner to the effect that he has been running the consultancy for recruiting people and sending them abroad without a valid licence, it is considered not a fit case to invoke the inherent powers of the Court under Section 482 Cr.P.C., and quash further proceedings, as the matter has to be necessarily decided on evidence that may be adduced before the Court during trial. 6. It is well settled that the inherent powers of the Court under Section 482 Cr.P.C., have to be exercised with care, caution and circumspection and cannot be invoked to thwart further investigation into a complaint, especially when specific allegations have been made. 7. In the circumstances, it is held that there are no valid or sufficient grounds to quash further proceedings in C.C.No.341 of 2010, on the file of the IX Additional Chief Metropolitan Magistrate, Hyderabad against the petitioner/accused, in view of the allegations contained in the complaint and charge sheet which prima facie attracts the ingredients of the offences alleged. 8. In the result, the criminal petition is dismissed. ____________________ G.V.SEETHAPATHY, J 16th December, 2010 Lrkm. IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH, HYDERABAD THURSDAY, THE SIXTEENTH DAY OF TWO THOUSAND AND TEN HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRL.P.No.12517 OF 2010 Between: Mohd.Ahmed Asad Kareem @ Asad Khan ….Petitioner A n d The State of A.P., Rep. by its Public Prosecutor, High Court of A.P., Hyderabad …Respondent