The High Court · 2025

2. Macharla Srinivas, S/o Yellaiah aged 38 Years, Gouda by Caste, Occ. CWS Coordinator/Hotel Business R/o Chinnapendial Village, Ghanpur Mandal. ...RESPONDENT/DEFACTO COMPLAINANT Petition under Section 482 oI Cr.P .C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in C.C. No. 31 of 2022 on the file of the Hon'ble Principal Sessions Judge, Hanumakonda. l.A. NO: 2 OF 2023 Petition under Section 482 of Cr.P .C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased to stay all further proceedings including appearance of the petitioner in C.C. No. 31 of 2022 on the file of the Hon'ble Principal Sessions Judge, H an u ma ko nda. l.A. NO: 4 OF 2023 Petition under Section 482 of Cr.P .C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to extend the interim order granted on 1310412023 in the above criminal petition No. 3646 of 2023 which has expired on 0411212023. l.A. NO: 1OF 2024 Petition under section 482 of cr.p.c praying that in the circumstances stated in the Memorandum of Grounds of criminal petition,the High court may be pleased extend the interim order granted on 13t0412023 n the above criminat Petition No. 3646 of 2023 which has expired on 19t0312024. l.A. NO: 2 OF 2024 Petition under section 482 of cr p c praying that in the circumstances stated in the Memorandum of Grounds of criminal Fetition,the High court may be pleased to extend the interim order granted on 13lo4lzo23ln the above Criminal Petition No.3646 of 2023 which has expired on 24t10/2024. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminar Petition and upon hearing the arguments of sri ENNAMSETTY AKHIL Advocate for the petitioneianl sRl E. GANESH, Additional Public Prosecutor on behalf of the Respondent Nc. 1. The Court made the following: ORDER THE HON'BLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL PETITION No.3645 OF 2o23 - ORDER:

1. This criminal petition, under Section 482 Cr.P.C, is filed seeking to quash the proceedings against the petitioner / accused No.4 in C.C.No.31 of 2022 on the hle of the learned Principal Sessions Judge, Hanumakonda, for the offences under Sections 42O, 120 (B) of IPC and Section 5 of Protection of Depositor Financial Establishment Act, 1999.

2. Heard Sri Ennamsett5r Akhil, learned counsel for the petitioner and Sri E. Ganesh, learned Additional Public Prosecutor, appearing for the State

3. The brief facts of the case are that on 30.01.2011 at about

21.00 hours, the Police, Kazipet received a written complaint from respondent No.2 alleging that accused No,1 along with his wife who is accused No.2 have started a Non-Governmental Organization in the name and style of Centre for Women Solidarity, Prashanth Nagar, Kazrpel in the year 2OO9 and have started collecting an amount of Rs.365/- from each one of the Members who join the said Organisation making them to believe that they will get an amount of Rs. 1,18,125/- rn six insta-lments within the period of three years, as returns and believing their words to be true, a number of people 2 joined the said Organisation as members inclu<ling the de facto complainant and prompted other also to join the sraid Orgalisation. Accordingly, the activities of the said Organisation expanded to four districts viz., Warangal, Karimnagar, Nizamabad arld Khammam where the members have joined the said organisation. Later when the said organisation failed to make payments, as has been promised by the said organisation, as returns to the de facto complainant in instalments, he filed the complaint alleging that accused No.1 along with others have cheated and a-lso alleged in the complaint that the petitioner and five others also are related to the said organisation. Basing on the said complaint, the police, Kazipet registered a case in Crime No.2O of 2O1l for th,l olfences under Sections 42O, l2O-B of the IPC and Section 5 of the protection of Depositors (Financial Establishments) Act, t9)9 against the accused No.1, his wife/accused No.2, the petitioner herein/accused No.4 and others. After investigation, the police, Kazipet, frled charge sheet in C.C.No. 1 of 2016 on the hle of the principal Sessions Judge, Warangal and in the said charge sheet the petitioner herein is shown as absconding.

4. Learned counsel for the petitioner submits that petitioner has not absconded ard he is no way concerned with that of the said case and even according to the charge sheet, no casr: has been made .) out as against the petitioner and he is neither the person who has collected the amount nor is the person who has prompted others to part with their money towards joining the organisation, which is alleged to have floated by the accused No.1 and his wife. It is further contended that no nexus with that of any of the accused, but, however, to his surprise, by falsely making the allegations as if he is also connected with that of the organisation, his name is shown as accused No.4 in the charge sheet. It is further contended that nowhere it is alleged in the charge sheet as to how and in what manner, petitioner is connected with the said organisation.

5. It is further contention of the petitioner that by showing name of the petitioner as absconding, the police went to the house of the petitioner in his absence, for the hrst time and informed his mother about the pendency of the said case and hence petitioner herein approached before the learned District and Sessions Court, Hanumakonda and hled Bail Application in Crl.M.P.No.39O of 2022 in Crime No.2O of 2011 and the said bail application was allowed by the learned Sessions Judge on 19.05.2022 and as per the directions, the petitioner surrendered before the S.H.O., Kazipet and a supplementar5r charge sheet is frled against the petitioner before the learned Principal Sessions Judge, Hanumakonda in C.C.No.31 of 2022.-. --, l

6. Learned counsel for the petitioner, has drawrt the attention of this Court and relied on the order passed by this Court dated 2l.l2.2jlg in I.A Nos.2 and 3 of 2Ol9 in Criminal Petition No.4830 of 2Ol9 wherein the other accused Nos.1, 2, 3, 5, 6 and 7 in Crime No.2O of 2O 1 1 along with the de facto complain alt entered into terms of compromise and this Court allowed tlre szrid criminal petitione in term s of compromise. It is further submitted that petitioner herein has no knowledge about the above said crime and petitioner herein is an employee in the accused 1\lo- 1 organization and the petitioner herein has no role in the said r:rime and in the process of his employment he used to meet the other coordinators, members etc., Learned counsel for the petitioner further contended that the petitioner herein was falsely implicated in the said case and submits that nothing survives if petitioner is subje cted to rigour of trial and hence seeks to allow this criminal petition. 7 . On the other hand, the learned Additional Fublic Prosecutor contended that it is an admitted fact that petitioner absconded and he has knowledge about the said crime and al;o submits that petitioner is working on behalf of the above said a:cused and if he has not been investigated and if trial is not colrducted he may tamper the evidence and influence the witnesse s and therefore seeks to dismiss the criminal petition. 5

8. After hearing learned counsel for the petitioner, learned Additional Public Prosecutor and pemsed the order passed by this Court in Criminal Petition No.483O of 2Ol9 dated 21. 72.2019 where the other accused Nos. I to 3 and 5 to 7 already been compromised with the de facto complainant. As other accused along with tlne de facto complainant compromised, continuation of proceedings against the petitioner herein would amounts to wastage of time arrd also leads to abuse of process of law. Therefore, this Court deems it appropriate to quash the proceedings against the petitioner herein.

9. In the result, the criminal petition is allowed, quashing the proceedings against the petitioner/ accused No.4 in C.C.No.31 of 2022 on the file of the learned Principal Sessions Judge, Hanumakonda. As a sequel, miscellaneous petitions, if any, pending in this criminal petition shall stand closed. //TRUE COPY// Sd/- L. LAKSHMI BABU EPUry REGISTRAR SECTION OFFICER To,

1. The District Sessions Judge at Warangal' 2. The Station House Officer, Kazipet Police Station, Warangal City' 3.TwoCCstothePublicProsecutor,HighCourtfortheStateofTelangana, Hyderabad [OUT]

4. One CC to SRl. ENNAIUSETTY AKHIL Advocate [OPUC] 5. Two CD CoPies PMiPSL HIGH COURT DATED:0710412025 ORDER CRLP.No.3646 of 2023 ' .i, , '.. \ \-( -? o .\ t\ T i A|JE 2[5 'i .,) ALLOWING THE CRIMINAL PETITION I2