The High Court · 2025

'1. The State of Telangana, Rep. by its Public Prosecutor, High Court at Hyderabad.

2. Sambangi Appala Swamy, S/o Late Kannam Naidu, Age. 67 years,Occ.Retd Govt. Employee, R/o Plot No.277, Road No. l4, Phase-2, Saket Colony, Kapra Mandal, l\/edchal District. ..Respondent No.2 / De-facto Complainant 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 Quash the orders passed in Crl.M.P.No.1821 of 2019 in Crime No.52112017 in C.C.No.168 of 2019 on the file of XXI Metropolitan Magistrate, Cyberabad at Medchal and consequently direct P.S. Jawaharnagar Police to de- freeze the Savings Bank Account of the Petitioner/A-7 bearing A/c.No 50100121529101 of HDFC Bank, Kushaiguda Branch. ,}, l.A. NO: 1 OF 2022 Petition under Section 482 of Cr-P.C praying that in the circumstances stated in the [\/emorandum of Grounds of Criminal Petition, the High Court may be pleased to suspend the orders passed in Crl.M.P. No.'1821 of 2019 in Crime No.52112017 in C.C.No 168 ol 2019 on the file of XXI Metropolitan Magistrate, Cyberabad at [\tledchal and consequently direct P. S. Jawaharnagar Police to de- freeze the Savings Bank Account of the . Petitioner/A-7 bearing A/c.No.50100121529101 of HDFC Bank, Kushaiguda Branch. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Nyshadham Chandra Sekhar, Advocate for the Petitioner and the Assistant Public Prosecutor (TG/AP) on behalf of the Respondent No.1. The Court made the following Order:- -1 j I i 1 i : ! i I , i HON'BLE SMT. JUSTICE JUWADI SRIDEVI CRIMINAL PETITION No.2699 of2022 ORDER This Criminal Petition is filed by the petitioneriaccused No 7 seeking to quash the impugned order passed in Crl.tvl.P.No 1821 of 20'19 in C.C.No.16B of 2019 on the file of the learned XXI tt/etropol itan tVla g istrate, Cyberabad at lt/ledchal and conseq uently direct the P.S. Jawaharnagar to de-freeze the Savings Bank the petitioner/accused No.7 bearing Account of A/c No.50100 121529101 of HDFC Bank, Kushaiguda Branch'

2. Heard lVlr.Nyshadham Chandra Sekhar, learned counsel for the petitioner and t\Irs.S.tt/adhavi, learned Assistant Public Prosecutor for State-respondent No.1. None appeared for respondent No.2 and perused the record.

3. Brief facts of the case are that accused No.'1 was running her own business on the name and style of lt/l/s. Geetha Surgicals, in her residential plot No.315. The accused No.1 in connivance with accused Nos.2 to 7 induced the innocent business aspirants on the pretext of surgical business and collected total sum of Rs.1,02,50,000/- from L.Ws.1 to 6. The total amount of Rs.1 ,02,50,000/- was credited by the investors to the Geetha Surgical Company's HDFC Bank Account 1 I l I I i l I I 2 No.50200010735922 al Kushaiguda Branch by way of cheques, the accused No.'1 with an intention to gain wrongfully by causing wrongful loss to L.W.1 to 1.W.6 diverted the funds to her personnel savings bank accounts for her personal use by opening several bank accounts in various banks viz. HDFC, VlJAyA, SBI, Andhra Bank, DCB, IClCl, Canara, Laxmi Vilas Bank with three different names, which contains the money of the investors and thereby cheated the innocent pubric. The rnvestigation officer has seized bank account of the petitioner/accused No.7.

4. Learned counsel for the petitioner submits that during the course of investigation the police have seized the personal savings bank Account No.50100121529101 of HDFC Bank, Kushaiguda Branch belonging to the petitioner/accused No.7. The petitioner further submits that due to seizure of the said Bank account, the petitioner is suffering f m'untold hardship and inconvenience in day to day na ncial transactions. That apart the Police have also seized the other accounts of mother of petitioner which belongs to her business. He further submits that the said account is not required by the concerned police as the same is savings account and not the business account of the petitioner/accused No.7. Hence, he prayed to quash the impugned order. 3

5. On the other hand, learned Assistant Public Prosecutor submits that there are specific allegations against the petitioner herein and submits that summons have been issued by the trial Court and the case is coming up for examination of witnesses and the trial has been commenced. Therefore, at this stage no interference of this Court is required and prayed to dismiss the criminal petition

6. This Court taken note of submissions made by the learned counsel for the petitioner as well as the Assistant Public Prosecutor. The petitioner/accused No.7 is shown as sleeping partner in the business of her mother. lt is for the petitioner/accused No.7 to show legitimate particulars of such huge amount which is found in her savings account. Admittedly, there is no such explanation forthcoming from the petitioneri accused No.7 before the learned trial Court or before this Court. ln the light of submissions made by the learned Assistant Public Prosecutor that the trial has been commenced before the trial Court, as the issues are triable issues, this Court is of the view that this case is not a fit case for quashment and no interference is requiied at this stage. ln the said circumstances, this Court is of the considered view that there are no grounds to interfere and the criminal petition is liable to be dismissed 4 (':

7. Accordingly, this Criminal petition is dismissed. Pending miscellaneous applications, if any, shall stand closed "/. To, //TRUE COPY// SD/- MOHD. ISMAIL D PUTY REGISTRAR 1' SECTION OFFICER '1 . The XXI Metropolitan Magistrate, Cyberabad at lvlechal. 2. The Station House Officer, Jawahar Nagar p.S_, Rachakonda Commissionerate

3. Two CCs to the Public Prosecutor, High Court for the State of Telangana, Hyderabad [OUT]

4. One CC to Sri Nyshadham Chandra Sekhar, Advocate tOpUCI 5. Two CD Copies 6/ VC/gh I l I HIGH COURT DATED:0110412025 ORDER EHTRo ( iriS ,,6 o .) 1 7 ,.tult (s CRLP.No.2699 of 2022 + o DISMISSING THE CRLP fl,{ 6