ORDER:

This Criminal Petition is filed by A3, A4 and A5/the petitioners herein to quash the proceedings in Crime No.47 of 2022 registered by the CID, P.S., Mangalagiri, Guntur District, Andhra Pradesh, Amaravathi, for the offences punishable under Sections 420, 307, 449, 506 r/w 34 of the Indian Penal Code, 1860.

2. To be brief the facts led to register the above crime are as here under;

One Sri Parepalli Raghavendra Rao of Guntur (L.W.1)

presented a report to the Additional Director General of Police, CID, A.P. alleging that he gave Rs.14,00,000/- to the Accused No.1 by name Kethineni Samba Siva Rao in the year 2019 for construction of a house on his promise to repay double the said amount within a month. Accused No.1 did not repay the same. On the other hand, the Accused No.1 sold away his property and also gave the entire amount to one Alapati Karthik who is the Accused No.2 is doing Real Estate Business along with others. The reporter of the crime approached both A1 and A2 several times for refund of his amount but they used to promise and postpone the repayment. He came to know that Kethineni Samba Siva Rao (A1), Alapati Karthik (A2) and their friends who are the other accused and the petitioners herein have induced several persons and collected crores of rupees from them in the name of real estate business. The Accused No.5/the petitioner No.3 herein said to be Additional Public Prosecutor and being friend of the other accused used to threaten that if report is given to the police, his end will be seen. A month before giving report he had spoken to the Accused No.1 for return of the principal amount, but he was abused in vulgar language and a day before giving the report the Accused No.2 along with four others trespassed into his house with sharp weapons and tried to kill him by questioning as to how dare he was to give complaint to the CID Police and that if he pursues it his end will be seen and at that time the Accused No.3 tried to stab him with a knife but he escaped.

The said report was registered in Crime No.47 of 2022 by CID Police and taken up investigation. During which course, Accused No.3 was arrested and remanded to judicial custody.

3. Learned counsel for the petitioners, urged only one point, without going into other aspects of the case, that the respondent No.1/CID Police have no jurisdiction to register the aforesaid case.

It is contended that the offences alleged are to be investigated by the law and order police, but not by the respondent No.1/CID Police. Learned counsel for the petitioners relied upon Standing Order 866-1 of the A.P. Police Manual, which contemplates the category of cases that can be investigated by the respondent No.1/CID police. Thus, it is contended that the offences for which the FIR was registered are not within the purview of the said Standing Order. Hence, prayed to quash the proceedings.

4. On the other hand learned Special Public Prosecutor submitted that the report received by the Additional Director General of Police, CID, Andhra Pradesh, Mangalagiri forwarded the same to the CID P.S., A.P. Mangalagiri and then the Senior Executive Officer, CID, A.P., Mangalagiri who is the Incharge of the Police Station, CID registered the crime and took up the investigation. It is also contended that the Accused are all doing finance business and Real Estate business and that they have collected huge monies from several innocent persons and cheated them. It is further contended that whenever the victims approached the police, the Accused Nos.1 to 3, having entered into conspiracy with the Accused No.5, used to threaten them by stating that they have influence and if any criminal case is filed against them, the said victims have to face dire consequences.

5. Heard and perused the record.

6. The A.P. Police Manual – Standing Order 866-1 prescribes the procedure as well as the class of crime to be investigated by C.I.D and the procedure. It is appropriate to extract the same for better appreciation