IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRL.P.Nos.4295 AND 4478 OF 2011 Date:13.06.2011 CRL.P.No.4295 OF 2011:- Between:- Indu Devi .. Petitioner/A-2 And The State of A.P., through P.S.Alwal and Public Prosecutor, High Court of A.P., Hyderabad and another. ..Respondents/Complainants And CRL.P.No.4478 OF 2011:- Between:- Brijnandan Singh .. Petitioner/A-1 And The State of A.P., through P.S.Alwal and Public Prosecutor, High Court of A.P., Hyderabad and another. ..Respondents/Complainants COMMON ORDER:- The petitioner in Crl.P.No.4478 of 2011 is accused No.1 and the petitioner in Crl.P.No.4295 of 2011 is accused No.2 in C.C.No.925 of 2010 on the file of the Court of VI Metropolitan Magistrate, Medchal at Cyberabad. 2. Accused No.2 is the wife of accused No.1. The offences alleged are those punishable under Sections 405, 506 and 420 read with 34 I.P.C. The allegation is that accused No.1 has got a plot at Alwal and he first agreed to sell it to the de facto complainant and received Rs.4,19,000/- on various dates and then, he executed a general power of attorney-cum-agreement of sale in favour of a third party in the year 2008. These are the allegations constituting the offences of cheating. 3. Learned Counsel for the petitioners has argued at length about various aspects in the case to show that the matter is essentially of civil dispute and a colour of criminality has been given to it and no offences are made out. The allegations in the complaint/charge sheet on the face of them do show offences but the question raised by the petitioners’ Counsel has to be decided on evidence and by looking into various circumstances, which attended between the parties. Those aspects cannot be decided by this Court in this petition. Accordingly, both these petitions are dismissed at the admission stage. 4. So far as the petitioner in Crl.P.No.4295 of 2011 i.e., accused No.2 is concerned, she is a lady and the learned counsel for the petitioners says that she is now nearing 50 years and has got several gynic problems and she cannot attend the Court on every date of hearing. 5. Having regard to these submissions, the presence of accused No.2-Smt Indu Devi before the trial Court for every date of hearing is dispensed with and it is open for her to engage a counsel to represent her. It shall be open for trial Court to summon her presence as and when required by it. _____________________ N.RAVI SHANKAR, J 13th June, 2011 AMD THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRL.P.Nos.4295 AND 4478 OF 2011 Date:13.06.2011 AMD