The High Court · 2025

Sri Kasivajjala Uma Shankar Srinivas, S/o Late K.V. Narayana, Aged.46 Yrs, Occupation. Business, R/o. H. No. 21-8-2, Opposite Sai Baba Temple, Muthyalampadu, Vijayawada, NTR Distrlct. ...PETITIONER/ACCUSED NO. 8 AND

1. Smt. Thenneti Bhaskara kameshwari, W[o. Sri Surya Narayana Murthy, Aged.44 Yrs, Occupation. Proprietor Su4ya Travels, Telecom Nagar, Rl/o. Villa No.39, Manjeera Purple Town, Gopanpdlle Thanda, Gachibowli Hyderabad State of Telangana, rep by its Public Prclsecutor, High Court at Hyderabad 2 I..RESPONDENTS /COMPLAINANTS 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 quash the proceedings against th( Petitioner / Accused No.8 in CC No. 893 12022, pending on the file of Honble XVf Metropolitan Magistrate at Rajender Nagar, Cyberabad, in the interest of Justice. , l.A. NO: 1OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Cri(ninal Petition, the High Court may be pleased to stay all further proceedings againdt the Petitioner/ Accused 8 in CC No. 893 12022, pending on the file of XVI Metropolitan Magistrate" at Rajender Nagar, Cyberabad, including appearance of the petitioner/accused No. 8, in the interest of justice pending disposal of the main petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon heaiing the arguments of Smt. DURGA BHAVANI KONDASANI, Advocate for the Petitioner and Sri E.GANESH, the Assistant Public Prosecutor on behalf of the Respondent No. 2 The Court made the following: ORDER THE HON'BLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL PETITION No.595O OF 2025 ORDER : This Criminal Petition is filed seeking to quasl-r the proceedings against the petitioner/A8 in C.C.No.tl9.l of 2022 pending on the file of XVI Additional Metropolitan IVlagistrate at Rajendranagar, Cyberabad, registered for the offences under Sections 408 and 420 of IPC.

2. Brief facts of the case are that on 27.lO.2Oi'.\ at 13.00 hours, one Smt.Thenneti Bhaskara Kameshwari, re'sident of Gopanpalli Thanda, Gachibowli, loclged complaint alleging that she is the proprietor of M/ s.Surya Travels, rroviding employee transportation cabs to corporate companie s and software companies in Hyderabad and Vijayawada. It is also alleged that one Mr.Jayanthi Durga Prasad Rao, resident of Veerullapadu, Krishna District, Andhra Pra<lesh, was working as an accountant from 2016 onwards. He pretend to be a good person, rvorked rvith her till March, 2,12 1 . While so, taking advantage of his official position, saiC Durga Prasad Rao indulged in the activities of cheating, fr,ruclulent withdrawal of money, creation of llctitious acc:u nts and I'lage 2 of 5 \-*-l \l \l - transferred money in those accounts, thereby committed criminal breach of trust. The said fact has been revealed in the audit conducted by the company and the said mtsappropriation comes to a tune of Rs.3.OO Crores. The same has come to the knou,ledge of the d_efacto complainant upon conducting thorough audit. Hence, the compiaint is filed seeking to take appropriatd action against the accused.

3. When the matter has come up for consideration, learned counsel for the petitioner would submit that the petitioner, who is arrayed as Ag, had no knowledge about the crime and is not a party to the said transactions committed by A I , as alleged, as such, subjecting the petitioner to the tribulations of trial would amount to abuse of process of law, as such, sought for quashing the proceedings against the petitioner. 4. Opposing the said contBntions, learned Assistant Public Prosecutor appearing on behatf of the State, would submit that the crime has been flnvestigated and it revealed the involvement of AB. He also srf bmits that it is a matter of record that the said payments th4t have been received bv Ag r t.-= -- .- l---- I'age 3 of 5 cannot be said to have been received with a bonafide belief where A t has translerred huge sums of mone,y. Ile rvould further submit that the facts and circumstances rn a case can onlv be knon'n upon conducting thorough trial to elicit the truth. Hence, seeks to dismiss the petition

5. Having heard learned counsel for the petitioner, learned Assistant Public Prosecutor and Lrpon perusal ol the record placecl belore this Court, without going into the merits or demerits of the r:ase, this Court deems it app,rc,priate to grant liberty to the petitioner to file discharge aprplication before the learned trial Court, raising the same c,)ntentions, which u,ere raised trerein. On such an application be'ing filed, the concerned trial Court shall examine the aLp;rlication, obviously, on merits ol the case, and pass :tp propriate orders, in accordance u,ith law, as expeditiously a.s possible, preferably, u,ithin a period of three months from the date of receipt of a copy ol this order.

6. Since the lezrrned counsel for the petitioner seeks to dispense with the appearance before the trial Court, the appearance of the petitioner IS dispensed with br:fore the trial Court. However, the petitionerlAS shall presient before, l'agc ,l of 5 the trial Court as and when required, either in person or through an advocate, by filing an application in that regard. Failing to adhere to any of the conditions imposed by this Court, any relief granted by thig Court, shall stands vacated automatically 7. With the above direction, this Criminal petition is disposed off. As a sequel, mi$cellaneous petitions, if any, pending, shall stand closed. SD/. L.VIJAYA LAXMI ASISSTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,

1. XVI Additional Metropolitan Magistrate at Rajender Nagar, Cyberabad 2. The Station House Officer, Raidurgam Police Station, Cyberabad. 3. One CC to SRI DURGA BHAVANI KONDASANT Advocate [OPUC] 4. Two CCs to Public Prosecutor, High Colrrt for the State of Telangana. [OUT] 5. Two CD Copies w BGS/psl I.L-J HIGH COURT DATED: 14107 t2025 \ /a I ---:_''-:-::.-..--:--- i,r.l ''r st,,r-'' -J 23 AUE AE i) *

3.31*,9:z' ORDER CRLP.No.5950 of 2025 DISPOSING OF THE CRIMINAL PETITION g (od^ *"