APHC010679922022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY ,THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10093 OF 2022 Between: Mrs.Hindupuram Sirisha ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. PRASANNALA KANCHARLA Counsel for the Respondent/complainant: 1. 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 Petitioner seeking quashment of the Charge Sheet dated 17.11.2022 filed in C.C.No.6 of 2022 on the file of the Court of Principal District and Sessions Judge, Kurnool. 2. Heard Sri PrasannalaKancharla, learned counsel for the petitioner and Smt. K.Priyanaka Lakshmi, leaned Assistant Public Prosecutor for the respondent/ State. 3.Learned counsel for the petitioner would submitthe petitioner is the Accused No.3 in the above crime and she being a home maker and only a proforma Director in the company, being named for the purpose of registration of company and she has no role in its business or allegations. The husband of the petitioner, who is Accused No.1 has committed Suicide on 06.08.2022, wherein it was stated in his death note that, he is solely responsible for the crimes committed and the petitioner is only named for the purpose of forming company. 4. Learned counsel would further contend that investigation in any offence under A.P.Protection of Depositors of Financial Establishment Act, 1999 can be conducted only by police office under the rank of Deputy Superintendent of Police and the present investigation was conducted by an investigation office in the rank of Circle Inspector, as such an investigation itself would have to be set aside. Therefore, the present Criminal Petition has been filed to quash the Charge Sheet filed against the petitioner in the above crime. 5. Per contra, learned Assistant Public Prosecutor of the respondent would submit that there are specific allegations made against the Petitioner, therefore, the death noteof the husband of the Petitioner that the petitioner is no way concern for the alleged crime is not tenable. Therefore, requested to dismiss the petition. 6. As rightly put by the learned Assistant Public Prosecutor for the State, there are specific allegations made against the petitioner under Section 420 of Indian Penal Code and Section 5 of the A.P.Protection of Depositors of Financial Establishment Act, 1999. Moreover, the case is under investigation, if this criminal petition is allowed, any amount of prejudice will be caused. Hence, it is not apposite to allow the criminal petition. The suicide note relied on by the learned counsel for the Petitioner cannot be assigned ultimate value, while deciding a quash petition at this stage of the proceedings. 7. In that view, this Criminal Petition is dismissed, without prejudice to the rights and contentions. 8. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. __________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 12.02.2025 KK