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2025 DAILYLAW 15700 (AP)

Md.Kaleemullah Moosa v. The State of Andhra Pradesh,

CRLP/3322/2022 · 2025-01-24

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010201482022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No. 3322 of 2022 Between: Md.Kaleemullah Moosa and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused(S): 1. DASARI S V V S V PRASAD Counsel for the Respondent/complainant(S): 1. CHINTAPALLI SRINIVAS 2. PUBLIC PROSECUTOR (AP) The Court made the following: ORDER: The instant Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 has been filed, by the Petitioners/A.2 and A.3, seeking to quash the Proceedings against them in Crime No.291 of 2020 of I Town Police Station, Bhimavaram, West Godavari District, registered for the offences punishable under Sections 420 and 406 read with 34 IPC and Section 5 of the Andhra Pradesh Protection of Depositors of Financial Establishments Act, 1999. 2. Heard Sri Dasari SVVSV Prasad, learned counsel for the Petitioners, Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor 2 appearing for respondent No.1/State and Sri Ch.Srinivas, learned counsel for respondent No.2/de facto Complainant. Perused the material on record. 3. Learned counsel for the Petitioners would submit that the Petitioners herein are arrayed as A.2 and A.3. They are husband and wife. A.1 is the mother of A.2. Further, the allegation against the Petitioners herein is that A.1 along with A.2 and A.3 running a chit fund business and that they evade payment of chit amounts to the subscribers. On that allegation, four persons gave complaint against the Accused, which was registered as the instant crime. Further, the allegations levelled against them are false, baseless and without making out any specific overtacts against the accused. The Petitioners have nothing to do with the offence. Further, the petitioners are staying at Hyderabad which is far away from Bhimavaram. 4. Learned counsel would further submit that the presence of the Petitioners may be dispensing with before the trial Court and the Criminal Petition may be disposed of by giving liberty to the Petitioners to raise such contentions before the trial Court in defence. 5. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders. 6. Considering the submissions made, the Criminal Petition is disposed of and the Petitioners are at liberty to raise the present contentions before the trial Court in their defence. However, the presence 3 of the Petitioners/A.2 and A.3 before the trial Court is dispensed with, except on the specific dates as directed by the trial Court. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.3322 of 2022 24.01.2025 Mjl /*