HON'BLE SRI JUSTICE R. SUBHASH REDDY CRIMINAL PETITION No.4621 of 2008 Date : 23.11.2011 Between : Smt. Savitha. …..Petitioner And The State of A.P., rep. by the Public Prosecutor & another. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY CRIMINAL PETITION No.4621 of 2008 ORDER : This criminal petition is filed, seeking to quash the proceedings in C.C.No.605 of 2008 on the file of the learned IX Metropolitan Magistrate, Kukatpally, Hyderabad. There is a complaint filed by the 2nd respondent before the Police, stating that on 24th January 2008, at about 8.30 pm, the named persons in the complaint, namely, Venumadhav Dasi, Venumadhav Manchikatla, Narsing Tallapalli, Sukumar and another person in white dress, came to the house of the complainant and beat him ruthlessly, obtained a signed cheque with coercion and also obtained signatures on share transfer certificates. Based on the said complaint, a crime is registered in Crime No.53 of 2008 for the offence under Section 384 of IPC and investigation is made and final report is filed, stating that accused No.1-Manchikatla Venumadhav, accused No.3-Venumadhav Dasi, LW-1 and one Ms.Suchitha floated a computer software related partnership firm M/s.COE Security Private Limited at Habsiguda, Hyderabad. It is stated that accused Nos.1 and 3 and Ms.Suchitha invested Rs.10 lakhs each and LW-1 is the Managing Director of the Firm. While the Firm was undertaking projects, in June 2007, they got HDFC Insurance Project Work of Rs.48 lakhs to be completed by September 2007. They completed the project, but while they were working on the project, there were differences between them and one of the partners Ms.Suchitha resigned and transferred her share in favour of one Mr.Ajay, and accused Nos.1 and 3 handed over the total control of the Firm to LW-1. Subsequently, accused Nos.1 and 3 came to know that LW-1 received cheque for an amount of Rs.14 lakhs from HDFC Insurance, but he misrepresented to them that the cheque was not received from HDFC. Hence, they bore grudge against LW-1 and decided to teach a fitting lesson. As per their plan, on 24.01.2008, accused Nos.1 to 6 went to the house of LW- 1 situated at Madhapur and forcibly made him to sign on a cheque for an amount of Rs.10.17 lakhs and withdrawn the said amount from DCB Limited, Abids Branch, Hyderabad and the accused also decamped with computers, gold, passports etc. It is alleged that thus, accused Nos.1 to 6 have committed an offence punishable under Section 384 of IPC. In this criminal petition, it is submitted by the learned counsel for petitioner that though there are no specific overt acts against the petitioner and her name is only shown as one of the suspects in the First Information Report. It is true that the petitioner’s name is not mentioned in the First Information Report, but in the final report filed under Section 173 Cr.P.C., it is categorically stated that accused Nos.1 to 6 have hatched a plan and went to the house of LW-1 and forcibly obtained his signature on a cheque. As there is also accusation against the petitioner herein, who is accused No.4, it cannot be said that there is no specific overt act against the petitioner, so as to quash the proceedings by entertaining this application filed under Section 482 Cr.P.C. For the aforesaid reasons, this criminal petition is devoid of merit and it is accordingly dismissed. ______________________ R. SUBHASH REDDY, J 23rd November 2011 ajr