Chintagunta Anil Kumar, vs The State Of Andhra Pradesh.
2022 Latest Caselaw 1641 AP

HIGH COURT OF ANDHRA PRADESH MAIN CASE NO.: Crl.P.No.2733 of 2021 PROCEEDING SHEET Sl.No. Date ORDER OFFICE NOTE

06. DR,J 07.4.2022

The criminal petition is filed assailing the C.C.No.78/2018 on the file of III Additional Chief Metropolitan Magistrate, Visakhapatnam at Gajuwaka. Basing on the complaint lodged by R2 herein, the police had registered a case in Cr.No.80/2015 under Sections 384, 506 r/w 34 IPC and Sec.66(c) of IT Act.

The contention of the petitioners is that Section 66(c) of IT Act would not attract to the present complaint. The complaint itself is that the 1st petitioner had sent several SMS messages continuously since 19.10.2015 stating that he will settle the matter in favour of ECE if they pay initially a sum of Rs.10.00lakhs and to pay the ultimate figure afterwards. 1st petitioner also wrote a letter in his SMS messages that he will clear the entire dispute in all aspects for 50 (10% of total worth) and will make the accused to sign the documents wherever required for its redressal. A1 called R2 over phone and threatened him that if he don't receive any information from R2, he will send the letter to the District Registrar and will cooperate the accused in all issues.

The said allegations would not attract Section 66(c) of the Act. The ingredients of Section 66(c) may attract to the present case but the same is set aside by the Hon'ble Apex Court.

Further contended that Section 384 IPC also would not attract the case as no amounts were transferred in favour of the petitioners as observed by the Hon'ble Apex Court in a judgment reported in between Isaac Isanga Musumba & Ors. Vs. State of Maharashtra & Ors.

Considering the observations of the Hon'ble Apex Court, there shall be stay of all further proceedings including appearance of the petitioners in C.C.No.78/2018 on the file of the III Additional Chief Metropolitan Magistrate, Visakhapatnam at Gajuwaka.

Post after four (04) weeks.

_______ DR, J RD