Court denied quashing of criminal proceedings against Head Constable accused of chit fund fraud via investigation continuation but directed police to strictly follow Section 41-A Cr.P.C. for arrest.
Investigation to continue; police directed to follow Section 41-A Cr.P.C.; petition dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE U.DURGA PRASAD RAO
CRIMINAL PETITION No.1263 of 2015
ORDER:
Upon hearing both sides, at the admission stage, the following Order is passed:
As can be seen from the complaint allegations, the petitioner/Accused No.2 is the Head Constable. Himself and his wife using his official position, induced their locality people and others to subscribe chits and collected lakhs of rupees and then cheated them by not paying the amounts.
Having regard to the prima facie nature of accusation made against the petitioner, it is not a fit case to quash the proceedings. Hence, the investigation shall continue. However, considering the submission of the learned counsel for petitioner/Accused No.2 that the petitioner is a Government employee, the Police of Chirala I Town Police Station, Prakasam District, are directed to strictly follow the procedure contemplated under Section 41-A Cr.P.C. towards the petitioner/Accused No. 2 during the course of investigation. The petitioner shall cooperate with the investigating agency for smooth completion of investigation.
With the above observation, the Criminal Petition is dismissed.
As a sequel, miscellaneous petitions, if any, pending shall stand closed.
______________________ U.DURGA PRASAD RAO,J
03-03-2015 Note: Issue C.C. by tomorrow. eha
9
THE HON’BLE SRI JUSTICE U.DURGA PRASAD RAO
CRIMINAL PETITION No. 1263 of 2015
Dt. 03.03.2015
eha
2 issues framed by the court
Whether the criminal proceedings against the petitioner-head constable are fit case for quashing given prima facie allegation of cheating and abuse of official position
How Section 41-A Cr.P.C. applies to a Government employee arrested under investigation
1 provisions across 1 enactments
ACCUSED NO.2
STATE
U.DURGA PRASAD RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
