DASARATHA RAMI REDDY Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) This Criminal Original Petition has been filed to quash the FIR in Crime No.61 of 2021, pending on the file of the 1st respondent Police.

(2.) The petitioners are the accused in FIR in Crime No.61 of 2021, dtd. 2/3/2021 registered by the 1st respondent Police for offence under Sec. 420 IPC on the complaint given by the 2nd respondent/defacto complainant.

(3.) The gist of the complaint is that the 2nd respondent, a company viz., M/s.Auro Logistics Private Limited, Chennai is engaged in the business of logistics, extraction of minerals. The 1st petitioner approached the 2nd respondent company and represented that he is the brother of Chennakesava Reddy who was involved in mining activity in Gubbi Taluk, Tumkur District holding mining licence number in M.L.No.1266. Further, represented that his brother is holding the mining lease by virtue of family partition and there was surplus manganese reserves in the mining area which can be extracted and sold for good profits. Believing the representation of the 1st petitioner, the 2nd respondent company entered into the job agreement, dtd. 11/11/2005 with the petitioners for extracting manganese reserve through the license of Chennakesava Reddy. In pursuance to the job agreement, the 2nd respondent company remitted a sum of Rs.50.00 lakhs as refundable security deposit by way of demand draft No.748615, dtd. 17/12/2005 drawn on the Federal Bank, Limited and relevant entries were made in the books of account. Based on the assurance and inducement of the 1st petitioner, the 2nd respondent company had invested a sum of Rs.1,40,50,428.00 towards the implementation of the extraction of manganese ore under the job work agreement and for development of the infrastructure to carry out the extraction process.