COMMON ORDER :

Crl.P.No.5301 OF 2022:

1. This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short (cid:145)Cr.P.C.(cid:146)) by the petitioners/A3 to A5 to quash the proceedings against them in C.C.No.2/2022 on the file of I Additional Judicial First Class Magistrate at Mancherial. The offences alleged against them are under Sections 420, 406 read with 34 of the Indian Penal Code and Section 4 of the Prize Chit and Money Circulation Schemes (Banning) Act.

Crl.P.No.5302 OF 2022:

2. This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short (cid:145)Cr.P.C.(cid:146)) by the petitioners/A3 to A5 to quash the proceedings against them in C.C.No.4/2022 on the file of I Additional Judicial First Class Magistrate at Mancherial. The offences alleged against them are under Sections 420, 406 read with 34 of the Indian Penal Code and Section 4 of the Prize Chit and Money Circulation Schemes (Banning) Act.

Crl.P.No.5483 OF 2022:

3. This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short (cid:145)Cr.P.C.(cid:146)) by the petitioners/A3 to A5 to quash the proceedings against them in C.C.No.3/2022 on the file of Chief Judicial Magistrate-cum- Assistant Sessions Judge at Adilabad. The offences alleged against them are under Sections 420, 406 read with 34 of the Indian Penal Code and Section 4 of the Prize Chit and Money Circulation Schemes (Banning) Act.

4. Since the petitioners and the allegations leveled against these petitioners in all these criminal petitions are one and the same, they are heard together and common order is passed.

5. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for respondent State. Perused the record.

6. The 2nd respondent filed a complaint stating that Accused No.1 represented that he was running a registered chit fund business from home. Accused No.1 convinced several persons to deposit the amounts and also to pay monthly installments for the chits in which they were members. However, when the chit amount of Rs.8 lakhs was given by all the members, A1 had absconded. It is further the allegation that the amounts which are collected by way of chits and deposits, they were used to sponsor the studies of these petitioners and also for buying plots at Mancherial and a house in Hyderabad in the name of Accused No.2.

7. On the basis of the complaint, the Police investigated and found that nearly 87 members who were members of the chits were cheated to an amount of Rs.3.25 crores, approximately. It is further alleged that the victims had subscribed to the chits believing that Accused No.1 was running a registered chit business. For the said reasons, the Police having investigated the case filed charge sheet for the offences under Section 420, 406 read with 34 of the Indian Penal Code and Section 4 of the Prize Chit and Money Circulation Schemes (Banning) Act.

8. Learned Counsel appearing for petitioners would submit that even according to the statements of the witnesses, these petitioners were sons of Accused Nos.1 and 2 and Accused Nos.1 and 2 were running chit fund business. The petitioners, who are sons of A1 & A2, allegedly studied with the chit amounts collected by Accused Nos.1 and 2. Except the said allegation no offence is made out for the offence of either cheating or criminal misappropriation or the offence under Section 4 of the Prize Chit and Money Circulation Schemes (Banning) Act.

9. On the other hand learned Additional Public Prosecutor submits that charge sheet was also filed under Section 34 of the Indian Penal Code and the common intent according to the witnesses that these petitioners had used the money of the public collected by his father. In the said circumstances, it is a case of trial by the concerned Court and the criminal petition has to be dismissed.

10. Having perused the statements of the victims recorded under Section 161 of Cr.P.C., all the