PUSHPAM APPALA NAIDU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure, 1973 is directed against the proceedings in Cr. No. 28 of 2008 on the file of the I Additional Chief Metropolitan Magistrate, Bangalore, which after investigation is registered as CC No. 13035 of 2010 for the offence punishable under Sections 406 and 420 of the Indian Penal Code, 1860.

(2.) Petitioners are arraigned as accused. The circumstances leading to registration of such a case is that one Smt. Ayisha Begum, Petitioner 12, filed a report alleging that her neighbour Vazeer Vayathyulla Sharieff, had introduced her to M/s. Quest Net Company on the basis that he was working for it. He persuaded her to invest Rs. 30,000/- on the promise that she would get Rs. 1,000/- income per month. Believing his assurance she deposited the amount. He had actually assured other benefits also, but later it was found it was a trick to defraud the complainant. Cheating Was the main offence alleged apart from the charge under Section 406 of IPC.

(3.) On the basis of her report, investigation by CID resulted in filing of the final report. Petitioners 1 to 11 are summoned. They are ranked as accused 1 to 11. After lodging of the complaint the complainant-Smt. Ayisha Begum on her own volition sought to withdraw her report, but police officers have not allowed her since the final report has already been filed. Pursuant to filing of the final report case is registered in Criminal Case.