High Court · 2025

Petition under Article 226 of the Constitution of lndia praying that in the 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 a writ of tvlandamus,. decraring the action of the Respondent Nos. 3 to 5 in harassing the petitioner to cause arrest and defame him in the society for false accusation which is illegal, arbitrary and an abuse of authority and process of law and also in violatiohofArticle'l4,lgand2loftheConstitutionoflndiaandconsequentlyto quash he FIR No. 222of 2O22on the file of PS CCS' DD Department' Hyderabad' IANO:1O F 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the Respondents to not to take any coercive steps against the Petitioner in connectron with FIR No. 222 of 2022, petition. forthwith pending disposal of the above writ sff:;l [i,T: [::ffi :'.:s,s? ,fx,YES,i Hfa? SiTo *, o,. The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N'TUKARAMJI WRIT PETITION No.1 9755 OF 2025 ORDER This Writ Petition is filed under Article 226 of the Constitution o f lndia, seeking the following relief: .....toissueawrit,orderordirectionmoreparticularlyoneinthenatureof writ ot mandamus declaring the action of the respondent Nos'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 India and powers and duties as assigned to them' when petitioner herein is posing threat ot arrest and loss of his reputation in the society which is arbitrary' illeqal and contrary tonaturaljusticeandconsequentlypraythisHon,blecourttoquashFlR No.222 of 2022 on the file of the PS CCS/ DD Dept / Hyderabad and to pass such other order or orders "" I have heard Mr'Md'Khurram Rabbani' learned counsel for the 2. petitioner and Mr'Mahesh Raje' learned Government Pleader for Home' representing the respondent Nos'1 to 5' 3. The petitioner is arrayed as accused No'6 in FIR No'222 of 2022 ot the offences Punishable under CCS, DD, HYderabad' registered for of the lndian Penal Code' 1860 Sections 406, 420 read with Section 34 (for short'l.P.C.') and Section 5 of the Telangana Protection of Depositors of Financial Establishments Act' 1999'

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 \ D 2 _\ 7R./ IV.P.No.197 5 j o/ 202i leaders/accused Nos,2 and 3 and other accused in conspiracy with an - intention to cheat the innocent pubric, 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.21 ,29,250i_. Thereafter, they are absconding and avoiding the calls of victims.

5. Learned counsel for the petitioner would submit that the alleged offences are purery rerated 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.,), accused No.2 in Crime No.121 of 2024, which is registered with similar set of facts and interrerated 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 to the 6' Learned Government preader for Home wourd submit that the name of the petitioner came to fore during the course of investigation that he has collected amounts from the victims and the investigation is in progress. 7 . I have perused the materials on record. I a J NIRJ ll'-P.|'.0. t,i 5 t c'I 202i

8. Having regard to the nature of the offences and depth of allegations against the petitioner and the crime is of the year' 2022' exceplthe alleged offence under Section 5 of the Telangana Protection of Depositors of Financial Establishments Act' 1999' rest of the accusations are punishable nment upto seven years and the readiness of the petitioner with an imPriso withtheinvestigation,withoutenteringintomeritsand to cooPerate gation open, the petitioner is directed keeping all prerogatives of the investi Officer, Central Crime Station / DD to appear before the Station House m the date of receipt of a copy of this Dept / Hyderabad, within (7) days fro order, whereupon, the lnvestigating Officer concerned is directed to issue notice under Section 41-A Cr'P'C'' on the petitioner/accused No 6 in FIR No.zz2 of zo22and to adhere the guidefines of Arnesh Kumar v' state of Biha/ beforeproceeding against the petitioner/accused No'6 ln unison' the petitioneri accused No'6 is directed to submit explanation and materials, if any, and shall cooperate with the investigation.

9. With this direction' this Writ Petition is disposed of' Pending miscellaneous aPPlications' if anY, shall stand closed (2014) I SCC 273 //TRUE COPYi/ SD/. A.SREENIVASA REDDY SISTANT REGISTRAR SECTION OFFICER To

1. The Prin clpa I Secretary, Home DePartment, Tela n naS ecretariat, Hyderabad, State of Telangana. The Commissioner of Police, HYd erabad Commissionrate, HYderabad The Dy Commissioner of Police, CCS, Basheerbagh, HYderabad The Station House Officer (SHO), CCS Police Station, Team 5, DD Deoartment. Basheerbaqh, Hyderabad. i# Staiion'uouse Offic6r (SHO), CCS Police Station, Team 9, DD Department, Basheerbagh, Hyderab ad. One CC to SRI fi/D KHURRAM RABBANI, Advocate IOPUC] Two CCs to GP FOR HOME, High Court for the State of Telangana, at Hyderabad. [OUT] Two CD Copies 3 4 5

7. o PSK. n HIGH COURT DATED:11t|il2Lzs ORDER WP.No.19755 of ZO2S -, r tt i;1 c\. t c ,'/..)|,: 11 t:) \ 'r\ I' \.6 V,r.r., \- sEP 20tr (' { I r a 111: DISPOSING OF THE WRIT PETITION WITHOUT COSTS Iq0l N