This order dismisses a Criminal Petition filed for anticipatory bail under Section 438 Cr.P.C. in a cheating case involving an allegation of collecting advance money for an MBBS seat without providing it.
Anticipatory bail to petitioners/A-1 and A-2 denied; Criminal Petition dismissed.
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HONOURABLE JUSTICE G. SRI DEVI
CRIMINAL PETITION NO.525 OF 2020
ORDER:
This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.), is filed by the petitioners/A-1 and A-2, for grant of anticipatory bail in Crime No.629 of 2019 of P.S. Shadnagar, Cyberabad District, registered for the offence punishable under Section 420 of the Indian Penal Code.
Heard the learned counsel for the petitioners/A-1 and A-2, the learned Additional Public Prosecutor representing the respondent-State and perused the record.
In the FIR, it is inter alia stated that the de facto complainant lodged a complaint on 05.10.2019 alleging that the petitioners/A-1 and A-2 have received a sum of Rs.23,00,000/as advance to provide MBBS seat to his son but did not provide the seat and when the de facto complainant demanded advance money, the petitioners did not pay back the amount and instead changed their sim numbers and residential addresses.
Learned counsel for the petitioners/A-1 and A-2 would submit that the de facto complainant gave a false complaint with an intention to blackmail the petitioners to extract money wrongfully. The petitioners never promised and never met the de facto complainant or his son. The petitioners are ready to furnish sufficient surety to the satisfaction of this Court and abide by any condition that may be imposed by this Court. It is further submitted that the petitioners are ready to undertake to
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co-operate with the investigating authorities. Hence, he prayed
to grant anticipatory bail to the petitioners/A-1 and A-2.
Learned Additional Public Prosecutor representing the respondent-State opposed to grant anticipatory bail to the petitioners/A-1 and A-2.
As seen from the contents of the F.I.R., there are specific allegations against the petitioners/A-1 and A-2 that they dishonestly collected an amount of Rs.23,00,000/- from the de facto complainant promising to provide MBBS seat to his son and later did not provide any seat.
Having regard to the facts and circumstances of the case, nature and gravity of the offence, this Court is not inclined to grant anticipatory bail to the petitioners/A-1 and A-2.
The Criminal Petition is, accordingly, dismissed.
Miscellaneous applications, if any, pending shall stand dismissed.
_________________ (G. SRI DEVI, J)
17th February 2020 RRB
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioners accused of cheating under Section 420 IPC.
2 provisions across 2 enactments
Petitioners/A-1 and A-2
State of Telangana
G. SRI DEVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
