The High Court · 2025

].fg Slate.of High Court of Judicature at Hyderabad. -Tglangana, Rep by its Public Prosecutor, High Court Buildings, ..... RESPONDENT/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 call for the entire records in F.l.R. No. 472 o,( 2021 dated 13-09- 2021 on the file of S.H.O., Jubilee Hills P S., Hyderabad District charged offences under Sections 406, 418, 419, 420,467,471 rtw. 12O-B lpC and quash the same as abuse of process of law against the petitioners herein l.A. NO: 2OF 2021 Petition under Section 482 of CI.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petitior, the High Court may be pleased to grant stay of all further proceedings ircruding arrest of the petitioners in connection with F.l.R. No.472of 2021 dated 13-09-2021 on the file of S.H.O., Jubilee Hills P.S., Hyderabad District, pending disposal of the above criminal petition in this Honble Court This Petition coming on for hearing, upon perusingy the Memorandum of Grounds of Criminal Petition and upon hearing the argurrents of Sri P SAJAN KUMAR ,Advocate for the Petitioners and the E.GANESH Assistant Pubtic Prosecutor on behalf of the Respondent No.2 and of None Appeared for the Respondent No. The Court made the following: OROER THE HONOURABLE SRI WSTICE E.V. VENUGOPAL CRIMINAL PETITION No.7328 of 2O2L ORDER: This Criminal Petition is filed under Section 482 of Cr. P.C. seeking to quash the proceedings against the petitioners/accused Nos. 1 to 5 in Crime No.472 of 2O2 | of Jubilee Hills Police Station, Hyderabad, which was registered for the offences punishable under Sections 4O6, 418, 419, 42O, 467 and 471 read with l20 (b) of I.P.C

2. Heard Mr.P.Sajan Kumar, learned counsel for the petrtloners and Mr.E.Ganesh, learned Assistant public Prosecutor appearing for respondent No.2 State

3. The brief facts of the case are that respondent No.l lodged a English typed complaint on 13.09.2021 at l8:O0 hours stating that he is one of the Directors of Sreenadh Inlra Projects (India) Private Limited (hereinafter referred to as "the Company") against accused Nos.l to 5, who are the petitioners herein. It is further stated that the company had purchased land admeasuring Acs. 184.30 Vz in 2 EW, J <)rlp_7328_2O2L different survey numbers of Challuru Village, Rajapet Mandal, Yadadri-Bhongir District in the year 2O16 and 2OI7 . Petitioner No.1, describing him as Cha,irman of the company, had illegally transferred the sai,l land in the name of his own Proprietory company i.e. Srieni Developers and other petitioners without the knowledge of the other Directors including respondent No. 1 that to: undervalued the said land at Rs.1.OO lakh per acre and rrrid the same through cheques bearing Nos.421544, 42.-i;55, 421456 and 421547, all dated 15.O2.2O19 drawn on S,tate Bank of India and petitioner No. I had first depositerl the same in the bank acc-ount of the Company and later fraudulently transferrecl the amount of Rs. 1,84,76,250 I - to his own personal bank account by depriving tlrr: company. Therefore, it is alleged that the petitioners wilh a dishonest intention have misappropriated the prol)c)rty of the compan-v and committed criminal breach of trust, cheating, fraud, criminal conspiracy, falsification of ix:counts and prayed to take necessary action against the petitioners. Basing on the said complaint a case in Crirne No.472 of 202 I r,r,as registered against the petitioners for the offences 3 EW, J Crlp_7328_2021 punishable under Sections 406, 418, 4I9, 42O, 467 and 471 read with 120 (B) of I.P.C. and investigation has been taken up. Challenging the registration of the said crime, the petitioners have approached this Court and liled the present Criminal Petition.

4. Learned counsel for the petitioners would submit that the entire allegations made against the petitioners are civil in nature and do -t, not constitute any criminal offences. He further submits that the ingredients of offences atleged against the petitioners do+:- not attract. He would further submit that the de facto complainalt himself admitted in his complaint that the petitioners are the Directors of the compan-v. He further submits that the matter is purely' civil in nature as the entire issues between the petitioners and respondent No.1 are pertaining to the piece of propertv and respondent No.1 suppressing the real facts had foisted the present criminal case against the petitioners. Therefore, prayed to quash the proceedings against the petitioners. 4 EVV, J r)rlp_7328_2021

5. On the other hand, the learned Assistant Public Prosecutor r,i,ould submit that the offences rrlleged against the petitioners are very serious in nature anrl on perusal of the contents of the compl aint prima facie would disclose that the petitioners have misappropriated tht: huge amount of the compzrn,v and the allegations against ttre petitioners do constitute the criminal offences. Unless :rnd until the investigation is being carried out truth cait -l(lt be elicited ald therefort:, prayed to dismiss the crimina-l F,etition.

6. On perusal of the material on record vr,'ouLld show that the crime w'as registered on 13.09.202 I and l:his Criminal Petition is fi led on 21 .O9 .2021 and till date no stay has been granted bv this Court in this Criminal Fetition. Three yea-rs have been elapsed from the date of regrst:ration of the crime and no investigation has been condu,:ted so far by the police. Therefore, this Court is of the opinion that, even no sta,\, has been granted by thrs Court the investigation is not proceeded with further for the last three years, keeping the proceedings pendinS5 before this Court is unrvarran ted. 5 EW, J Crlp_7328_2O21 7 . For the aforesaid reasons, this Court deems it appropriate to dispose of this Criminal Petition directing the Investigating Officer, Jubilee Hills Police Station, to conduct the investigation in Crime No.472 of 2O2l in accordance with law and hle final report as expeditiously as possible, preferably, within a period of three (03) months from the date of receipt of a copy of this order. It is needless to mention that the petitioners shall cooperate with the investigation and they are at liberty to file the documents, which are necessary to prove their innocence. It is made clear that the Investigating Offrcer is also directed not to resort any coercive steps including the arrest of the petitioners on the pretext of the investigation. B. Accordingl_y, this Criminal Petition is disposed of. Miscellaneous Petitions, pending if any, shall stand closed. SD/- AHMEO ABDULLA KHAN ASSISTANT REGISTRAR /TTRUE COPY// I SEC \brl OFFTCER To, 1. The XVll Additional Chief Metropolitan Magistrate at.Nampally' U.V.{9rg!a! i. in" dirtion House Officer, .luUiiee Hitts P6lice Station, Jubiiee Hills Hyderabad 5. onl cc ro SRI P SAJAN KUMAR Ad-vocate IO.PU9] a. i*" CCt to Public Prosecutor, High Court for the State of Telangana at 5. Two CD CoPies k Hyderabad [OUT] \ I o t ( t 1rt '' ".t ,e o., ('r ?2 r r0 l, aEr +, * r!-'i : 1:HE() HIGH COURT DATEDz29lOl12025 ORDER CRLP.No.7328 ol 2021 DISPOSING THE CRIMINAL PETITION 6*(^ $N-*