CCS/DD Dept/Hyderabad and also to fallow guidelines as laid down in Arnesh Kumar v. State of Bihar pending disposal of this writ petition

circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the Respondent No.3 to 5 in harassing the petitioner to cause arrest and defame him in the society for false accusation which is contrary to the principles of natural justice, rights guaranteed under Constitution of lndia and powers and duties as assigned to them, when petitioner herein is posing threat of arrest 86 loss of his reputation in the society which is arbitrary, illegal and contrary to natural justice and consequently pray this Hon'ble court to Quash FIR No. 22212022 on the file of the PS CCS/DD Dept/Hyderabad. lA NO: 1 OF 2025 Petition under Section '1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent Police not to take coercive steps against the petitioner/ accused in FIR No. 22212022 on the file of the PS CCS/DD Dept/Hyderabad and also to fallow guidelines as laid down in Arnesh Kumar Vs State of Bihar pending disposal of this writ petition. Counsel for the Petitioner: SRI MOHD. MAJID KHAN Counsel for the Respondents: SRI MAHESH RAJE, GP FOR HOME The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.14012 OF 2025 ORDER This Writ Petition is filed under Article 226 of the Constitution of lndia, seeking the following relief: "...to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondent Nos.3 to 5 in harassing the petitaoner to cause arrest and defame him in the society for false accusation which is contrary to the principles of natural justice, righLs guaranteed under Constitution of India and powers and duties as assigned to them, when petitioner herein is posing threat of arrest and Ioss of his reputation in the society which is arbitrary, illegal and contrary to natural justice and consequently pray this Hon'ble Court to quash FIR No.222 of 2022 on the file of the PS CCs/ DD Dept / Hyderabad and to pass such other order or orders...."

2. I have heard Mr.Mohd. Majid Khan, learned counsel for the petitioner and Mr.Mahesh Raje, learned Government Pleader for Home, representing the respondent Nos.'l to 5.

3. The petitioner is arrayed as accused No.3 in Crime No.222 of 2022 ot CCS, DD, Hyderabad, registered for the offences punishable under Sections 406, 420 read with Section 120-8 of the lndian Penal Code, '1860 (for short 'l.P.C.') and Section 5 of the Telangana Protection of Depositors of Financial Establishments Act, 1999. --i8aa, 2 tR'/ lV'. P. N o. t 10 / 2 oJ' 20 2 5 Y

4. The prosecution case in brief is that the accused No.1, who is the Managing Director of Max Crypto Trading Company, along with his team leaders/accused Nos.2 and 3 and other accused in conspiracy with an intention to cheat the innocent public, have created berief in the victims' mind as to profiureturns and made them to invest huge money in Max Crypto Trading Company to the tune of Rs.Z1 ,29,2501_. Thereafter, they are absconding and avoiding the calls of victims.

5. Learned counser for the petitioner wourd submit that the afleged offences are purely related to the prime accused i.e. accused No.1 and in fact, the petitioner has to be considered as a witness in the above case as himself had invested the amounts. Further, though there is no specific accusation, the respondent-authorities are making hectic effort to nab himself and his son. Howsoever, the police have given notice under Section 41-A of the Code of Criminal procedure (for short 'Cr.P.C.'), to the accused No.2 in Crime. No.121 of 2024, which is registered with similar set of facts and interrelated with each other. Howsoever, as the petitioner is apprehending coercive measures and as he is ready to cooperate with the investigation, prayed for necessary directions for issuance of notice as per law.

6. Learned Government pleader for Home wourd submit that the r name of the petitioner came to fore during the course of investigation \ 3 N7&/ tY.P.No.t 1012 ctf 2025 that he has corected amounts from the victims and the investigation is rn progress 7 I havp perused the materials on record.

8. Having regard to the nature of the offences and depth of allegations against the petitioner and the crime is of the year, 2022, except the aileged offence under section 5 0f the Terangana protection of Depositors of Financial Establishments Act, 1999, rest of the accusations are punishabre with an imprisonment upto seven years and the readiness of the petitioner to cooperate with the investigation, without entering into merits and keeping all prerogatives of the investigation open, the petitioner is directed to appear before the Station House Officer, Central Crime Station / DD Dept / Hyderabad, within (7) days from the date of receipt of a copy of this order, whereupon, the rnvestigating officer concerned is directed to issue notice under Sectign 4.1_A Cr.p.C., on the petitioner/accused No.3 in Crime No.222 of ZO22 and to adhere the guidelines of Arnesh Kumar v' sfafe of Biharl before proceeding against the petitioner/accused No.3. ln unison, the petitioner/accused No.3 is directed to submit explanation and materials, if any, and shall cooperate with the investigation. \ 12014) 8 SCC 273 I I I 4 r\TR,JT IV.P.Na.l1012 oJ 2025

9. With this direction, this Writ Petition is disposed of. I Pending miscellaneous applications, if any, shall stand closed To, \ //TRUE COPY// S9/- P. PADMANABHA REDDY . DEPUTY REGISTRAR j' ( /,t"l SECTION,ofFICER

1. The Prl. Secretary, Home Department, Hyderabad-500063. State of Telangana, Secretariat, 2 The Commissioner of Police, Hyderabad City, Banjara Hills Road Hyderabad 500034, No.12

3. The Dy. Commissioner of Police Central Hyderabad - 500029 T.S.

4. The Station House Officer, Team-s CCS. Basheerbagh, Hyderabad - 500029 T.S.

5. The Station House Officer, Team-g CCS Basheerbagh, Hyderabad - 500029 T.S. Crime Station, Basheerbagh Police Station, DD Dept., Police Station, DD Dept

6. One CC to SRI IVOHD MAJID KHAN, Advocate [OPUC] 7. Two CCs to GP for Home, High Court for the State of Telangana at Hyderabad. [OUT] B. Two CD Copies MP GJP HIGH COURT DATED:0210512025 l,-t ojs + a s* na\ ..) .,, a. -/ -, ' '. ''ll. + '--,:'_:._:; ---- (, ,a- i/ ORDER WP.No.14012 ot 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS l t\