HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL REVISION CASE NOs.4 OF 2010, 6 OF 2010, 7 OF 2010, 8 OF 2010, 9 OF 2010, 10 OF 2010, 11 OF 2010 & 12 OF 2010 Date:05.07.2010 CRIMINAL REVISION CASE NO.4 OF 2010 Between: Vasam Bharathi …..Petitioner And: State of AP., rep. by its SHO, Sircilla Police Station, Karimnagar, rep. by PP. High Court of AP., Hyderabad. …..Respondent. CRIMINAL REVISION CASE NO.6 OF 2010 Between: Vasam Bharathi …..Petitioner And: State of AP., rep. by its SHO, Sircilla Police Station, Karimnagar, rep. by PP. High Court of AP., Hyderabad. …..Respondent. CRIMINAL REVISION CASE NO.7 OF 2010 Between: Vasam Bharathi …..Petitioner And: State of AP., rep. by its SHO, Sircilla Police Station, Karimnagar, rep. by PP. High Court of AP., Hyderabad. …..Respondent. CRIMINAL REVISION CASE NO.8 OF 2010 Between: Vasam Bharathi …..Petitioner And: State of AP., rep. by its SHO, Sircilla Police Station, Karimnagar, rep. by PP. High Court of AP., Hyderabad. …..Respondent. CRIMINAL REVISION CASE NO.9 OF 2010 Between: Vasam Bharathi …..Petitioner And: State of AP., rep. by its SHO, Sircilla Police Station, Karimnagar, rep. by PP. High Court of AP., Hyderabad. …..Respondent. CRIMINAL REVISION CASE NO.10 OF 2010 Between: Vasam Bharathi …..Petitioner And: State of AP., rep. by its SHO, Sircilla Police Station, Karimnagar, rep. by PP. High Court of AP., Hyderabad. …..Respondent. CRIMINAL REVISION CASE NO.11 OF 2010 Between: Vasam Bharathi …..Petitioner And: State of AP., rep. by its SHO, Sircilla Police Station, Karimnagar, rep. by PP. High Court of AP., Hyderabad. …..Respondent. CRIMINAL REVISION CASE NO.12 OF 2010 Between: Vasam Bharathi …..Petitioner And: State of AP., rep. by its SHO, Sircilla Police Station, Karimnagar, rep. by PP. High Court of AP., Hyderabad. …..Respondent. HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL REVISION CASE NOs.4 OF 2010, 6 OF 2010, 7 OF 2010, 8 OF 2010, 9 OF 2010, 10 OF 2010, 11 OF 2010 & 12 OF 2010 COMMON ORDER: 1. Questioning orders dated 30.11.2009 passed by the Judicial Magistrate of the First Class, Sircilla in Criminal M.P.Nos.1027 of 2007 in C.C.No.409 of 2002, 1025 of 2007 in C.C.No.412 of 2002, 1031 of 2007 in C.C.No.411 of 2002, 1028 of 2007 in C.C.No.408 of 2002, 1030 of 2007 in C.C.No.406 of 2002, 1026 of 2007 in C.C.No.407 of 2002, 1029 of 2007 inC.C.No.410 of 2002, 1032 of 2007 in C.C.No.405 of 2002, the petitioner/A-5 filed these revision petitions. The petitioner sought for her discharge from the above cases filed under Section 420 IPC. Subject-matter of these cases relate to collection of deposits by Chairman and Directors of M/s. Sudha Finance at Sircilla under a scheme known as “Chakra deposits”, and non-repayment of amounts to the subscribers after completion of the scheme period, and closure of the M/s. Sudha finance. 2. As per allegations in charge sheets filed by the police, A-1 to A-9 are Chairman, Partners and Directors of M/s. Sudha Finance Company and that all of them including Vasam Bharathi went to subscribers saying they established M/s. Sudha Finance company at Sircilla and started “Charka deposits scheme” and invited for making deposit of amounts in that scheme. As per the impugned order of the Magistrate, some of the witnesses in their statements recorded by the police under Section 161(3) Cr.P.C during investigation, also stated Vasam Bharathi (the petitioner) also approached them for collection of deposit amounts under the scheme. At this stage, it may be noted that the petitioner is wife of A-1 Shiva Prasad who was stated to be Chairman of M/s. Sudha Finance. According to the petitioner, she has no connection with M/s. Sudha Finance at all and that she is neither a Director nor partner in M/s. Sudha Finance. Even in the lower court, the petitioner filed copy of partnership deed dated 08.07.1994 and also copy of Form-A issued by the Registrar of Firms, Andhra Pradesh, Hyderabad giving details of registration of M/s. Sudha Finance and partners therein. The said copy of Form-A was issued by office of the Registrar of Firms, Andhra Pradesh, Hyderabad on 10.08.2007. It shows that the petitioner/Vasam Bharathi is not one of the partners in M/s.Sudha Finance. When the petitioner is not a partner of M/s. Sudha Finance from the year 1994 till the year 2007, she cannot be impleaded as one of the accused in these cases for cheating, simply on the ground that she also accompanied other accused persons for collection of deposit amounts from the public under “Chakra scheme” run by M/s. Sudha Finance. 3. Previously this Court in Criminal Petition No.6458 of 2007 by order dated 22.01.2008 quashed proceedings relating to the petitioner/Vasam Bharathi in C.C.No.1 of 2007 on the file of Sessions Judge, Karimnagar which is a case relating to offence punishable under Section 5 of the Andhra Pradesh Protection of Depositors of Financial Establishments Act, 1999 on the same ground. Having regard to allegations mentioned in the charge sheets together with statements of witnesses, partnership deed and Form-A issued by the Registrar of Firms, Andhra Pradesh, Hyderabad, and also previous decision of this Court in Criminal Petition No.645 of 2007, orders passed by the lower court are not sustainable on facts and in law. 4. In the result, all the Criminal Revision petitions are allowed setting aside the respective orders passed by the lower court and discharging the petitioner/Vasam Bharathi from the respective calendar cases viz., C.C.Nos.409 of 2002,C.C.No.412 of 2002, C.C.No.411 of 2002, C.C.No.408 of 2002, C.C.No.406 of 2002, C.C.No.407 of 2002, C.C.No.410 of 2002, C.C.No.405 of 2002 on the file of Judicial Magistrate of the First Class, Sircilla. __________________________________ SAMUDRALA GOVINDARAJULU,J. Date:05.07.2010. Gk. HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL REVISION CASE NOs.4 OF 2010, 6 OF 2010, 7 OF 2010, 8 OF 2010, 9 OF 2010, 10 OF 2010, 11 OF 2010 & 12 OF 2010 Date:05.07.2010 Gk.