O R D E R:

This Criminal Petition is filed seeking quashment of proceedings in FIR No.989 of 2013 on the file of Madhapur Police Station, Cyderabad District registered against petitioner/accused for the offence under Section 420 of the Indian Penal Code.

02. The facts in brief as per the complaint lodged by the respondent No.2 are that she has approached the petitioner/accused, a service provider for securing employment and accordingly through the petitioner/accused, she was appointed as a Personal Secretary to the directors of Anreds Allegiancy Private Limited Company, with a salary of Rs.50,000/- per month and she joined the office on 07.10.2013. After few days of joining, the petitioner/accused started demanding money for providing a job to her on which she paid Rs.1,26,000/- to the petitioner. Later the respondent No.2 went to her home town on Diwali by taking permission from the employer and when she returned back, she noticed that the said company was closed and the petitioner was not paid the salary.

(ii) Basing on the said complaint against the petitioner for providing a fake job, a case in Crime No.989 of 2013 was registered for the offence under Section 420 of the Indian Penal Code.

03. Aggrieved by the same, the petitioner/accused has filed the present criminal petition to quash the proceedings in FIR No.989 of 2013 on the file of Madhapur Police Station, Cyderabad District.

04. Heard Sri K.Venu Madhav, learned counsel for the petitioner/accused as well as Sri T.V.Ramana Rao, learned Additional Public Prosecutor for respondent No.1/State. No representation on behalf of respondent No.2. Perused the record.

05. Now the point for consideration is (cid:147)Whether proceedings in FIR No.989 of 2013 on the file of Madhapur Police Station, Cyderabad District can be quashed?(cid:148)

06. It is submitted by learned counsel for the petitioner that petitioner is innocent; he has not committed any offence; he is only service provider and he has forwarded the resume of the de-facto complainant to various offices basing on her qualifications and that once she gets the placement, the petitioner is nothing to do with the employer and the respondent No.2; he is not responsible, in case if the employer fails to pay the salary or close his office or any other such things. Therefore, there are no other ingredients in the complaint to allege that the petitioner has committed the offence.

07. On the other hand, learned Additional Public Prosecutor for respondent submitted that on account of stay orders granted by this Court, the police could not proceed with the investigation.

08. Investigation is still pending. Considering the nature of offence is Section 420 of the Indian Penal Code, this Court is of the opinion that unless police completes the investigation, truth or otherwise if the allegations in respect of alleged involvement of the petitioner/accused will not be clear, it is not advisable to quash the FIR at the investigation stage itself unless the facts are so apparent on the face of it.

09. In view of the above without going into the merits of the case, the criminal petition is disposed of by giving certain directions.

10. In the result, the criminal petition is disposed of directing the police concerned to complete the investigation as quickly as possible and further directed not to take any coercive steps including the arrest of the petitioner. The petitioner is also directed to co-operate with the police during the course of investigation.

As a sequel, pending Miscellaneous Applications, if any, shall stand closed.

_______________________ DR. D.NAGARJUN, J Date: 18-Jan-2023 TMK THE HONOURABLE DR. JUSTICE D.NAGARJUN CRIMINAL PETITION No.9031 of 2015 Date:18-Jan-2023 TMK