THE HON’BLE SRI JUSTICE GOPALAKRISHNA TAMADA CRIMINAL PETITION No.5680 of 2008 DATED:21-06-2010 ORDER: This Criminal Petition is filed by the petitioner seeking to quash the First Information Report No.123, dated 01-08-2008, on the file of the Station House Officer, II Town police station, Khammam. 2. Brief facts are that the 1st respondent has been running BIT Computers institute for the last ten years and the students in his institute were given computer training. In the month of March, 2007, the petitioner herein and his partner namely, K.Prakash, came to the institute of the 1st respondent and informed that they were running ‘ANIM ARTS’ institute in Hyderabad and they offered to train the students of the 1st respondent in multimedia (Maya) and further made the 1st respondent believe that they would provide 100% production training through their institute and they had even executed an agreement in his favour on 30-03-2007. Believing their words, 1st respondent entered into an agreement with them. As per the said agreement, the entire 36 students are to be trained, but later the 1st respondent came to know that they had deceived him. When he questioned the same, they again executed another agreement on 24-11-2007 in favour of the 1st respondent and the students. They accepted the liability of imparting complete training to the students as per the promise given earlier and also the obligation of providing employment to two students. In pursuance of the proposal offered by the above said persons, an amount of Rs.3,40,000/- was paid by the BIT Computers and a receipt was obtained to that extent. However, the said persons have deceived the 1st respondent without providing either training or employment to the students. When the said persons were questioned, they spoke so indifferently stating that they would not provide any training or employment to them and they also further challenged the 1st respondent to do whatever he can. Hence, the 1st respondent lodged a complaint before the police and the Sub- Inspector of police, II Town police station, Khammam registered a case in Cr.No.123 of 2008 under Section 420 of the Indian Penal Code and issued First Information Report and took up investigation. Aggrieved thereby, the present petition is preferred by the petitioner-accused. 3. On 10-09-2008, this Court, while ordering notice to the 1st respondent, granted interim stay for a limited period. On 30-09- 2008, the interim stay granted earlier was extended until further orders. Now a petition has been filed by the 1st respondent seeking to vacate the said order. 4. Heard learned counsel appearing for the petitioner; learned counsel appearing for the 1st respondent and the learned Additional Public Prosecutor appearing for the 2nd respondent- State. 5. It is true that the learned counsel for the petitioner tried to produce certain documents to establish that the said transaction did not take place and the said complaint at the instance of the 1st respondent is not maintainable. The said submission, in my considered view, is baseless. A case in Cr.No.123 of 2008 has been registered and similarly at the instance of the petitioner, another case has been registered against the 1st respondent in Cr.No.869 of 2008 by the police, Saroornagar police station. Further, the genuineness of the documents that have been produced by the learned counsel for the petitioner cannot be gone into by this Court for the reason that the same shall be dealt with by the police. If ultimately it is found that the said transaction has not taken place, the police have every right to close the case saying that it is a ‘false case’. However, it is not for this Court, at this juncture, to quash the said proceedings. Therefore, I see no merits in this petition. 6. Accordingly, Criminal Petition is dismissed. _______________________________ GOPALA KRISHNA TAMADA,J 21st June, 2010. Tsy