The High Court · 2025
Case Details
Economic O,ffence Wing, Cyberabad, The State of Telangana Rep. by its pubtic Prosecutor High Court of Telangana, at Hyderabad. ...RESPONDENT Petition under Section 528 of BNSS., praying that in the circumstances stated in the Memorandum of Grounds of criminal petition, the High court may be pleased to Qgg9tr_tne proceeding and FtR registered with crime numbers 10,1'l an'd 12'of 2o2s by Eow,cyberabad, Petitioner/Accused No.3 in cr.No's.10, 11 and 1212025, dated 11-2- 2025, on the file of P.s.,Eow,cyBERABAD, Hyderabad for the alleged offences u/s318 (4), 316 (2) 61 (2) of BNS and sECTroN 5 of rspDFEA (Tet-angana state Protection of Depositors of Financial Establishment Act, 1999). l.A. NO: 1OF 2O2 5 Petition under section 528 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of criminal petition, the High court may be pleased to dispense with the certified copy of quash the flR in ciime No.'l I of zozs, oateo 11.02.2025, P.S., EOW, Cyberabad. l.A. NO: 2OF 2025 Petition under section 528 of BNSS., praying that in the circurnstances stated in the Memorandum of Grounds of criminal petition, the High court may be pleased to grant stay of all further proceedings including Arrest of the FIR registered with crime number 10,1 1 and 12 of 2025, by Eow, cyberabad, for the petitioner No.1 to petitioner No.5, pending on the file of E.O.W Cyberabad, Hyderabad. CRIII/IINAL PETITION NO: 3620 OF 2025: Between: Yogendra Singh, Q/o Tej Bhan Singh, Age.38 years. Occ:Service, Rlo2-2-27OlSO Plot 5U, I irumala Enclave, Macha Bolaram, Secunderabad, Hyderabad, 5000iO. simran sonaria, D/o Ramesh sonaria, Ase. ,u ,""":3::T!?lr=,":,1/AccusED No 21-2$841693, Charkaman, Urdu Gaiii, Cndi.minai HyOerabad, 500002. {qurya-d 4lur-eq (han, s/o M A Moeed Khan, Ase. irt[:i3,tT'Jlf':":sED No 1-9-297131E, Vidya Nagar, Hyderabad, 5OOd44 upnelueg,{qlg! Ari. s/o AbdurAri, Ase. .. r*^:EIlI5?f,":,3/AccusED R/o NRR Puram Colony, Borabandi, Rangareddy Hyderabad, 500018. -8-4-369/D/509, No'4 No'to No'1I Mou s h m i Road Number 10, VTC Khaiiatabad,'pO 6an1a Hitts, Hyderabad, 500034. r: c/e .s udee p B h a te rao-Ag " :z y"",!,Tlli 3S::j'Al:?%:F&[3oi ry ads ! ...PETITIONER 5/ACCUSED NO.18 2 3 4 5 AND The State of Telangana, Economic Offence Wing, Cyberabad, Rep. by its public Prosecutor High Court ofTelangana, at HyclerabSi. - ...RESPONDENT Petition under section 528 of BNSS., praying that in the circumstances stated in the Memorandum of Grounds of criminal petition, the High court may be pleased to euash the proceeding and FIR registered with crime numbers 10, 1 1 and 12 of 2o2s by Eow cyberabad, Petitioner.No.l/Accused No.4, petitioner No.2/Accused No.10, peiitioner No.3/Accused No.11, Petitioner No.4/Accused No.g, petitioner No.S/Accused No.1g, in Cr.Nos.10, 'l 1 and 1212025da1ed.11.2.025,on the fite of p.S , EOW,CYBERABAD, llq"lgqrd forthe alleged Offences U/s.318 (a), 316 (2) 61 (2) oF BNS SECTTON 5 OF TSPDFEA (Telangana state protection of Depositors of Financiar Establishment Act, 1999) l.A. NO: 1OF 2025 Petition under section 528 of BNSS., praying that in the circumstances stated in the Memorandum of Grounds of criminal petition, the High court may be pleased to dispense with filing of the original certified copy of dated on the file of before this Honourable Court. l.A. NO: 2OF 2O2s Petition under section 482 of cr.p.c praying that in the circumstances stated in the Memorandum of Grounds of criminar petition,th; High court may be preased to grant stay of all further proceedings including Arrest of the FIR registerei with crime nr.-b"r, 10' 1 'l and 12 ot 2025 by EoW cyberabad for the petitioner no 1 to petitioner no 5 pending on the file of E.O.W Cyberabad, Hyderabad. These Petitions coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri B VENKAT RAO ,Advocate for the Petitioner/Petitioners in both Criminal Petitions and the public Prosecutor (TG) on behalf of the Respondent in both Criminal Petitions The Court made the following: COMMON ORDER 1 THE HONOURABLE SRIJUSTICE N. TUKARAMJI CRIMINAL PETITION NOs.3521an d 3620 ot 2025 coM MON ORDER: The Criminal Petition No.3521 of 2025 is filed by the petitioner/accused No.3 and the Criminal Petition No 3620 of 2025 is filed by the petitioner/accused Nos'4, 10, 1'l , 8 and 18 under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short'BNSS, 2023') seeking quashment of the proceedings in Crime Nos.10, 11 and 12 of 2025 on the flle of Economic Offence Wing (EOW) Police Station, Cyberabad. 2. Heard Mr. B.Venkat Rao, learned counsel for the petitioners and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent-State
3. The petitioners arrayed as accused Nos'3, 4, 10, 1 1 , 8 and 18 are facing accusations for the offences under Sections 318(a)' 316(2), 61(2) of in Crime Nos.10, 11 and 12 of 2025 of Bharatiya Nyaya Sanhita,2023 and Section 5 of Telangana State Protection of Depositors of Financial Establishment Act, 1999 (for short' 'TSPDFEA, 1999').
4. The prosecution case in brief is that the petitioners as the Director and Employees of Capital Protection Force Private 2 Limited have collected deposits from 7000 persons to the tune of Rs.850 Crores and committed default and misappropriated the funds.
5. The leamed counsel for the petitioners would submit that the petitioners are in no way concerned with the offences or collected deposits from any one. He further pleaded that without there being any material showing the petitioners' involvement, prosecuting them is unlawful. Hence prayed for quashment of the proceedings.
6. Learned Additional Public Prosecutor would submit that the petitioners had ac{ively involved in the offences in different roles and collected huge amounts from gullible public thereby committed financial fraud. Further the investigation is under way. That apart, the petitions filed by the petitioners for bail were even dismissed by the trial Court. Hence, there is no merit in the petitions. I have perused the materials on record
7. 8. A perusal of materials on record are disclosing that the accused No.3 is the Director and accused No.4 is Chief Executive Officer, accused No.8 is Support Manager, accused No.10 is Sales Manager, accused No.11 is Business Head and accused 3 No.18 is Sales Man in the Company. The allegations are of financial fraud and the mafter is under investigation. 9. Having regard to the nature of the offence and the depth of allegations and the aspect that the investigation is under way, drawing any conclusion as to the petitioners' involvement in the offences would be premature and unjustified. Thus this Court finds no tenable ground for considering the prayer of quashment of the proceedings against the petitioners at this stage. 10. For these reasons, both the petitions are liable to be and are accordingly dismissed. Miscellaneous petitions, pending if any, shall stand closed. Sd/- S. MALLIKARJUNA RAO ASSISTANT REGISTRAR ,,TRUE COPY'/ SECTION OFFICER To,
1. The Court of Principal Junior Civil Judge --cum- Metropolitan fvlagistrate' Ranga Reddy District, L.B.Nagar, Hyderabad.
2.TheStationHouseOfficer,EconomicOffenceWing,Cyberabad'Hyderabad' 3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad[OUT] 4 One CC to SRI B VENKAT RAO, Advocate IOPUC] 5. Two CD CoPies Pcsd/PSL rC i-' Io ,t -]. H ( (ir. r.-\' 2 6 JUr 2025 z PA rCt.t{ .',) I HIGH COURT DATED:26/0312025 COMMON ORDER CRLP.Nos.3521 & 3620 OF 2025 DISMISSING THE CRIMINAL PETITIONS @ \. ( +\