The High Court · 2025

ort Company Pvt. Ltd., Plot No. 77, R,> d No. A & B, Jubilee rep. by Mr. E.S. Vara Prasad ...PETITIONER AND

1. Smt Renuka Datla, W/o Late D.Viajy Kumar, Aged about 7'1 years, R/o. 2-2- 12l3/A, D.D.Colony, Bagh Amberpet, Hyderabad - 768.

2. The State Of Telangana, Rep. by the Principal Secretary, Home Department, T- Secretariat Buildings, Hyderabad.

3. The Station House Officer, Central Crime Station, Hyderabad. 4. Housing Development & Financial Corporation Bank, Rep. by its Manager, Shankarmut Branch, Nallakunta, Hyderabad.

5. E.S.Vara Prasad, S/o. Chennaiah, Aged about 62 years, Occ Retd. Police Officer R/o. Plot No.194, Survey of lndia Colony, Road 38, Ayyapa Society, Ivladhapur, Hyderabad. (Respondents 2 to 5 are not necessary parties in this petition) .RESPONDENTS Petition under Section '151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct to inquire into offences committed by the 1st Respondent / writ petitioner under sections 1B'1 , 191 and any other applicable provisions of the lndian penal code, 1860 and direct a complaint to be registered against the 'lst Respondent / writ petitioner. lA NO: 'l OF 2019 Between: Housing Development & Financial Corporation Bank, Rep. by its Manager, Shankarmut Branch, Nallakunta, Hyderabad. ...PETITIONER AND 1 1 Smt Renuka Datla, W/o Late D.Viajy Kumar, Aged about 71 years, Rlo.2-2- '12l3/A, D.D.Colony, Bagh Amberpet, Hyderabad - 768. The State Of Telangana, Rep. by the Principal Secretary, Home Department, T- Secretariat Buildings, Hyderabad. 2 The Station House Officer, Central Crime Station, Hyderabad. E.S.Vara Prasad, S/o. Chennaiah, Aged about 62 years, Occ Retd. Police Officer R/o. Plot No.1 94, Survey of lndia Colony, Road 38, Ayyapa Society, Madhapur, Hyderabad. 4 M/s. V.R. Transport Company Pvt. Ltd., Plot No.77, Road No. A & B, Jubilee Hills, Hyderabad, rep. by Mr. E.S. Vara Prasad ...RESPONDENTS Petition under Section 151 CPC praying that in the c rcumstances stated in the affidavit filed in support of the petition, the High Cotit may be pleased to pass appropriate directions for permitting the 3rd respondr) t to take necessary action to recover the loan amount of Rs..1 ,13,15,086.00 by rediting the same to Loan account bearing No.50200026335681. l.A. NO: 1 OF 2017(WVMP. NO: 4069 OF 2017) Between: E.S.Vara Prasad, S/o. Chennarah, Aged about 62 yee s, Occ Retd. Police Officer R/o. Plot No.194, Survey of lndia Colony, RoaC 38, Ayyapa Society, Madhapur, Hyderabad PETITIONER AND 1 Smt Renuka Datla, W/o Late D.Vialy Kumar, Aged abr:r t 71 years, R/o.2-2- 12l3lA, D.D Colony, Bagh Amberpet, Hyderabad - 768. The State Of Teiangana, Rep. by the Principal Secretar , Home Department. T- Secretariat Buildings, Hyderabad. The Station House Officer, Central Crime Station, Hyde-i bad Housing Development & Financial Corporation Bank Lep. by its Manager, Shankarmut Branch, Nallakunta, Hyderabad. tt4/s. V.R. Transport Company Pvt. Ltd., Plot No. 77, f?o d No. A & B, Jubilee Hilis, Hyderabad, rep. by lt/r. E.S. Vara Prasad ...RESPONDENTS 2 3 4 Petition under Section '151 CPC praying that in the ( rcumstances stated in the affidavit filed in support of the petition, the High CoLrr may be pleased to vacate interim orders dt 21 .09.2017 passed in W.P. No. 32212 of 2017. Counsel for the Petitioner: SRI N.ASHWANI KUMAR (Nor prt sENr) Counsel for the Respondent No.1 & 2: SRI M.SRINIVAS, A(l , FOR HOME Counsel forthe Respondent No.3: SRI M.P.KASHYAP Counsel for the Respondent No.4 & 5: Ms. RUBAINA S.KH ! tOON WRIT PETITION NO: 33141OF 2017 Between: Dr.Renuka Datla, Wio. Late.Dr.D.Vijay Kumar, Aged about 71 years, Pvo.2'2' 12l3/A, D.D.Colony, Bagh Amberpet, Hyderabad - 768. ...PETITIONER AND 1 The State of Telangana, Rep. by the Principal Secretary, Home Department, T- Secretariat Buildings, Hyderabad. 2 3 4 5 The Station House Officer, Central Crime Station, Hyderabad. The State Bank of lndia, Rep. by its Manager, P.B.B., Khairathabad Branch, Hyderabad. E.S.Vara Prasad, S/o. Chennaiah, Aged about 62 years, Occ Retd. Police Officer R/o. Plot No.194, Survey of lndia Colony, Road 38, Ayyapa Society, It4adhapur, Hyderabad. lr,4/s. V.R. Transport Company Pvt. Ltd., Plot No.77, Road No. AandB, Jubilee Hills, Hyderabad rep by Mr. E.S. Vara Prasad R5 is impleaded as per C.O. dt. 11-10-17 in WPMP 42337 of 17 ...RESPONDENTS Petition under Article 226 of the Constltution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ or order or direction more particular in the nature of Writ of tl4andamus declaring the action of 1't and 2nd Respondents in entertaining, registering and initiating proceedings in FIR.No.1 1412O1l dated 25.07.2017 registered on the file of Central Crime Station, Hyderabad, Telangana, i.e., 2nd Respondent herein as being illegal, arbitrary, an abuse of process of law and in vrolation of Art..14, 19 and 2'1 of the Constitution of lndia and issue consequential directions, A. to set aside the proceedings in FlR.No.114l2017 dated 25.07.2017 registered on the file of Central Crime Station, Hyderabad, Telangana, i.e., 2nd Respondent herein as being illegal in nature, arbitrary, and in violation of Art. 21 of the Constitution of lndia, and B. Consequently to direct the 2nd and 3rd Respondents to de-freeze the Ac.No.30085596894 held by the Petitioner in the 3rd Respondent Bank- l.A. NO: 1 OF 2017(wPMP. NO: 41230 OF 20171 Petition under Section 151 CPC praying that in the ) in the affidavit filed in support of the petition, the High Cour 'cumstances stated may be pleased to stay all further proceedings including arrest of the Petitione' daled 25.07 .2O1 7 registered on the f ile of Central Crime Telangana, i.e., Znd Respondent herein, including L.R No Cr No.11412017 of WCO-T8 CCS, Hyd dated 30.Oti n FIR.No.11412017 ,tatron, Hyderabad, the proceedings 1017 issued by the 2nd Respondent instructlng the 3rd Respondent. l.A. NO: 2 OF 2017(WPMP. NO: 41231 OF 20171 Petition under Section 151 CPC praying that in the ) cumstances stated in the affidavit filed in support of the petition, the High Cour may be pleased to suspend the proceedings L R No Cr.No.11412017 of WCO'8 CCS, Hyd dated 30.08.2017 issued by ihe 2nd Respondent instructing the ) C Respondent, and further direct the 3rd Respondent to de-freeze the Bri k Account of the Petitioner. l.A. NO: 5 OF 2017 WPMP. NO: 44744OF 2017 Petition under Section .151 CPC praying that in the l cumstances stated in the affidavit filed in support of the petition, the High CoLi. may be pleased to inquire into offences committed by the 4thRespondent an i the representative/ deponent of the 5th respondent under Sections 1 81 ,1 91 anc ny other applicable provisions of lhe Indian Penal Code, 1860 and direct a comIrl rint to be registered against the 4th Respondent. l.A. NO: 4 OF 2017(WPMP. NO: 43824 OF 20171 Between: M/s. V.R. Transport Company Pvt. Ltd., Plot No.77, Roa I No. A & B, Jubilee Hills, Hyderabad rep. by l\,4r. E.S. Vara Prasad ..,PETITIONER AND 1 Dr.Renuka Datla, Wo. Late.Dr.D.Vijay Kumar, Aged abo t 71 yeats, Rlo.2-2- '12l3/A, D.D.Colony, Bagh Amberpet, Hyderabad - 768. The State of Telangana, Rep. by the Principal Secretary Home Department, T- Secretariat Buildings, Hyderabad. The Station House Officer, Central Crime Station, Hydera rad. 2 3

4. The State Bank of lndia, Rep. by its l,4anager, P.B.B., Khairathabad Branch, Hyderabad.

5. E.S.Vara Prasad, S/o. Chennaiah, Aged about 62 years, Occ Retd. Police Officer R/o Plot No.194, Survey of lndia Colony, Road 38, Ayyapa Society, lvladhapur, Hyderabad. (Respondents 2 to 5 are not necessary parties in this petition) ...RESPONDENTS Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to Direct inquiry into offences committed by the 1st Respondent / writ petitioner under sections 181 , 191 and any other applocable provisions of the lndian Penal Code ,1860 and drrect a complaint to be registered against the 1 st Respondent / writ Pet;tioner. Counsel for the Petitioner: SRI N.ASHWANI KUMAR (Nor PRESENT) Counsel for the Respondent No.1 & 2: SRI M.SRINIVAS, AGP FOR HOME Counsel forthe Respondent No.3: SRI M.SRIKANTH REDDY Counsel for the Respondent No.4 & 5: Ms. RUBAINA S.KHATOON The Court made the following: COMMON ORDER THE IIONOURABLE SRI JUSTICE N.TUI(AI'AMJI WRIT PETITI ON Nos.32292 and 33141 O F 2017 COMMON ORDER: W.P.No.32292 of 2OL7 This Writ Petition is hled under Art < [e 226 of Constitution of India seeking the following relief, r .- "...1o issue an appropriate writ or order or direc:i particular in the nahlre of Writ of Mandamus decr: action of 1st and 2nd Respondents in entl regrstering and initiating proceedings in FIR.No.' d.ated 25.07.2017 registered on tl-re hle of Cent' I Station, Hyderabad, Telangana, i.e., 2ncl Rts herern as being il1egal, arbitrarl,, an abuse of proc: and in wiolation of Art.14, 19 and 21 of Lhe Cons i lndia and issue consequential direcljons, A-Lo set. proceeclings in FIR.No. 1 14 l2Ol7 dated i!.:". rcgistered on thc file of Central Crime Station, II a Telarrgerna, i-e., 2r.d Respondent herein as being nature, arbitrary, and in violation of Art. 2 L Constitution of India , and B. Consequentiy to I 3rd Respondent to de-freeze tl-rc A/c.No.5O lOOo held by the 3rd Petitioner in the Respondent I operation of account, and pass..." n more -ing the taining, 4 12017 I Crimc ;onderrt s of l:ru, u tion of ;ide the )7.20t7 crabad, legal in of the rect the 925637 ank for W.P.No.3314l of 2OL7 "...to issue an appropriate writ or order or direcj particular in the nature of Writ of Mandamus decLr action of lstand 2nd Respondents in enle registering and initiating proceedings in FIR.No L dated 25.07.2017 registered on the frle of Cent r Station, Hyderabad, Teiangana, i-e., 2nd Rcr herein as being illegal, arbitrary, an abuse of proce and in violation of Art.14, 19 and 2l of the Cons -i lndia and issue consequenlial directions, A- to seL proceedings in FIR.No. 1 14/2017 dated '.2t registered on the frle of Central Crime Station, H v Telangala, i.e., 2nd Respondent herein as being nature, arbitrar5r, and in vrolation of Art. 2l Constitution of India , and B. Consequently to i 2nd and 3rd Respondents to de-free )1.]. more ring the 'taining, I Crime pondent ;s of law ution of side the )7.2017 lerabad, lLegal in of the rect the ;e the -_t 2 AIc.No.30O85596894 held Respondent Bark, and pass by the Petitioner in the 3rd

2. In both these writ petitions, the petitioners, the respondents, and the issues involved are one and the same Hence, they are heard together and are being disposed of by way of this common order

3. None appeared on behalf of the petitioner.

4. Heard Mr. M. Srinivas, learned Assistant Government Pleader for Home appearing on behalf of respondent Nos. 1 and 2, and learned counsel for the unofficial respondent No aJ

5. The learned Assistant Government Pleader for Home submits that Crime No. 14 of 2017, registered against the petitioner, has since culminated in the filing of a charge sheet, and the case has been taken on file as C.C. No. 504 of 2Ol7 before the Court of the XII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad. The matter is presently pending for trial. It is, therefore, contended that the prayer to set aside the crime proceedings has become infructuous, as the investigation has concluded =-ed 3 cognizarrce has been taken by the competent Crr as the petition.er's request for defreezing of the ba is concerned, it is submitted that suctr appropriately be sought before the trial Court suitable application under the provisions of : Criminal Procedure, lg73 (Cr.P C'), partict I Sections 451 and 457 Ct.P.C-, which empower I Court to pass orders for interim custody anc property seized during investigation' Acco:' learned Assistant Government Pleader prays rrt. Insofar rk account relief can by frling a Le Code of r1y under re criminal clisposal of lrngly, the br passing appropriate directjons.

6. Learnecl counsel for the unofficial respcr dent No' 3 submits that thev would abide by any orders pr;sed by this Court 7 . Learned counsel for the unofhcial respt'r dent No' 5 submits that the crime was registered on the t rsis of their report, and since the proceedings are now pendir 'g before the tria-lCourt,seekingdirectionsinawritpetition'LnderArticle 226 of the Constitution of India at this stzil e would be improper. It is further submitted that a( I grievance regarding the freezing or defreezing of the petl 'oner's bank -? ,1i 4 ;! account must be raised before the trial Court, which is already seized of the matter. Hence, he prays for dismissal of the writ petition.

8. I have perused the material available on record 9 . The primar5r grievalce of the petitioner is that the criminal proceedings initiated agarnst him are illegal and liable to be quashed, and that his balk account, which was frozen during investigation, ought to be defreezed. However, as rightly pointed out by the learned Assistant Government Pleader, the investigation has concluded and the charge sheet has been filed, whereupon the learned trial Court has taken cognizance and numbered the case as C.C. No. 504 of 2017 . These developments clearly indicate that the Investigating Agency and later the court concerned, after evaluating the material evidence, has found a prima facie case warranting trial. The trial Court, in turn, has accepted the charge sheet and taken cognizarrce, thereby recognizing the existence of triable issues.

10. In view of these circumstances, interference by this Court at the trial stage, based soleiy on the pleadings in tf,I ; I I I i 5 writ petitlon, wouid be unwarranted and cor 1 :ar]' to the settled principles governing the exercise of juris;tl ction under Article 226 of the Constitution. The Hon'ble Strir ern: Court, io State of ilaryana u Bhajan Lal [(19921 Slrpp I . ) SCC 335], helci that the inherent and extraordinary jur sdiction to quash criminai proceedings must be exercisecl sl aringly and onlr' in cases where the allegations, even if t-a-l en at their face r.alue, clo not constitute any offence o : where the proceedings are manifestly attended with rrr: La fldes or abuse of process of 1aw. None of these circutr-ltances are shown to exist in the present case. 1 1 . As regards the prayer for defreezing o the ba-nk account, the same falls squarely within the -ir.r isdiction of the trial Court under Sections 451 and 457 C: P.C., n'hich provide for return and interim custody of pro rerty seized during investigation or inquiry. Therefore, the p,: itioner is at liberty to move an appropriate application befor: the learned tria-l Court seeking such relief. The trial I curt, upon consideration of the facts, shall pass approprizr. e orders on merits artd in accordance with law. 6 L2. In view of the above discussion, the writ petition is 10. disposed of with the following directions: a1 The prayer of the petitioner to set aside the crime proceedings 1S rejected, as the matter has already culminated in a charge sheet and is pending tria1. ut The petitioner is at liberty to file an appropriate application before the trial Court seeking defreezing of the balk account, ald the said Court shall consider such application on its own merits and in accordance with law.

13. Accordingly, the writ petitions are disposed of. There sha,1l be no order as to costs Miscellaneous Petitions, pending if any, sha-11 stand closed //TRUE COPY// To, '1 . The Principal Secretary, Home Department Hyderabad, State Of Telangana' Sd/.C.DEEPIKA SISTANT REGISTRAR SECTION OFFICER Secretariat Buildings,

2. The Station House Officer, Central Crime Station' Hyderabad The Manaqer, Housing Development & ShankarmuiBranch, Nallakunta, Hyderabad' Financial CorPoration Bank,

4. The Manager, State Bank of lndia, P'B B , Khairathabad Branch' Hyderabad' 5 One CC to SRI N.ASHWANI KUMAR, Advocate [OPUCI 6. One CC to Ms. RUBAINA S KHATOON, Advocate [OPUC] I =-::a==.#s#---*--E j a t t ! I i

7. One CC to SRI IV.P.KASHYAP, Advocate [OPUC] B One CC to SRI L4.SRIKANTH REDDY. Advocate [OP!.1 )i 9. Two CCs to GP FOR HOlrIE, High Court for the ltate of Telangana at Hyderabad [OUT]

10. Two CD Copies BSR PN/K Y* HIGH COURT DATED:1611012025 I COMMON ORDER WP.Nos.32292 and 33141 of 2017 : \.a \ ,1, L m[ 1a\ (i\ ! z ') ,,/ DISPOSING OF THE WRIT PETITIONS, WITHOUT COSTS \2 ,de) Xs"