The High Court · 2025

Business, Re resented b his GPA Holder. Mr. G.Subba Naid Business, R/o. H. Colony, Hyderaba u S/o. Gurijala Vengama Naidu, AgerJ about 57 years, Occ: No.319/2RT, PS Nagar, Near Hockel, 3round, Vijay Nagar 2. G.Sulbarayulu Naidu, S/o. Gurijala Venkata Subbaiah, I ged about 83 years, Occ: Business, Both the Plaintiffs are R/o..H,No.8-3-169/62, prot No.(ri, siddhartha Nagar, Vengala Rao Nagar, Hyderabad. ...lMPt_ :AD pETtTtONERS/ PROPOSED RElj )ONDENT No.5 & 6 AND Globe. line Ship^ping Services Pvt. Ltd., Rep. b-y its Finarrr e Manager, Sri CH. Ramakrishna S/o CH. Kameshwar Rao OfFite at. Utrl T aOg, iih-Ff""i Manjeera Trinity Corporate, KpHB phase- 3, Kukatpally, I efangi;1a _50Obii' ...WRIT PETITTONER/ t ESpONDENT No.i 2 4 5 The State of Telangana, Rep. by. its principal Secretary, ll rme Department Secretariat Buildings, Hyderabad. The Commissioner of Police, Cyberabad Qommissionera r , Hyderabad. The Assistant Commissioner of potice, KpHB, Kukatpalt :y#;t;J- C o mm issiona rate, Hyderabad The Station House Officer, Kukatpally police Station, Cybe .abad Com m issio ne ra te, Hyderabad. ...RESPONDENTS : i: It I Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to lmplead the Petitioners / Proposed Respondents No.5 & 6 as Respondent No-5 & 6 in the main Writ Petition vide WP.No. 21265 ol 2024. Counsel for the Petitioner: SRI P.RAJA SRIPATHI RAO, SENIOR COUNSEL FOR SRI ISMAIL KATUBADI Counsel for the Respondents: GP FOR HOME Counsel for the Proposed Respondents: SRI A.VENKATESH, SENIOR COUNSEL The Court made the following: ORDER t IN THE HIGH COURT FOR THE STATE OF'f E LANGANA AT HYDERABAD THE HONOURABLE SRI IUSTICE N.V.SHRA'I q.N KUMAR' WRIT PETITIONNo .27265 0f 202,1 DATE oFORD ER:29.12.202s Between: M/s. Globc line Shipping Services pvt. Ltd AND The State of Tela.ga^a, Home Department ancl three other:; . Petitioner ... Il rspondents ORDER Heard Sri. p.Raja Sripathi Rao, learned senior counse Lppearing for the petitioner and iearnetl Gor.qlnmgn5 pleader for Hon t appearing for respondent Nos.1 to 4 anc.l Sri.A.Ve nkatesh, learned senior r.r unsel appearing for proposed rcsponcle,nt Nos.5 anri 6. With their consent, tl i ;writ petition is being taken up for disposal.

2. This writ petition is fileci questioning the action of res I rndents No.4 in not conducting proper investigation in accordance wi* the procetlure contemplated under section 172(2) of Cr.p.C/193(3) of BNSS s being illegal, arbitrary and unconstitu tionat, with a consequential prayer sc :king direction to respondent No..1 to cornplete the inr.estigation as cont(,r rplated under section 1732 173(2) of Cr.p.C/193(3) of BNSS

3. Brief facts stated in this writ petition are that petitiontr is a company registcred before the ROC F{yderabad on 29.01.2009, in the na r e and stylc as !-\:i 1 'Globe Line Shipping Services Pvt Ltd' The petitioner company is engaged in import and export of containerized ocean cargo and many other services includinginternationalshippingandlogisticssolutions.Itissubmittedthatin the year 2020, Mrs.B Reddy Anupama was appointed as Manager HR in thc petitioner comPany and taking advantage of her position in the companr" Mrs.B Reddy Anupama, in collusion with GK Naidu and Subbah Naidu has '47 '919 / '' and further has taken two (2) withdrawn company's funds of Rs 47 four-wheeler vehicles for their personal use i.e., Toyota Innova Crysta bearing registration No.TS09FU1626 and Audi Q7 registration No'TS09FY1626' which wcrc purchascd from the comPany's funds' The said criminal conspiracy has come to light in thc external audit of the company and when the petitioner company requested Mrs.B Reddy Anupama' GK Naidu and Subbah Naidu' to return the subject vehicles, they refused to return the same' Thereafter' petitioner comPany lodged a complaint on 12 02'2024 before the SHO' Banjarahills, however, the same was returned Hence' the petitioner on 29.O4.2O24lodged another complaint before respondent No 4 and when the same was not considered, petitioner comPany lodged another complaint on 03.05.2024, before respondent No.3 stating that Mrs.B Reddy Anupan-ra' GK Naidu and Subbah Naidu entered into criminal conspiracy and in a pre- pianned manner had committed criminal breach of trust and thcreby cheated the company and siphoned the company amount with an intention to enrich themselves and caused wrongful loss to the comPany and requested the respondent No.3 to register complaint and take action against the abovc said persons for deliberately and fraudulently committing criminal breach of trust 3 "' c t i o n s' and cheating. Ilowever, when the same was not con iderecl, the Finance Manager of the petitioner company, filed W.p.No.l 4r) 2 of 2024 and this Court oide ordc.r dated ir}.06.2024,passed the following r.r ler:_ "2. Lennu:d Assistnnt Coueyn111elr1 pleader for Hout,,, ltauing t' n'i t i o i- t nlni' i ti' r'" s u i1 'iiii'fl,,1; ;::';, ;t;)t ;u , n rt e r s e c t i o n s n o i r,' rii' nT i-"li' ;:rf ";, I ;:f;:,::;, :, ; lukatplily Housing Board Coiony t "iii" t 1 ,erabart ( ommisslotprote. on tlrc complnint ,l ,tn')r,'i',.,,,., tjnted 29.04.2024. Thus, caus.e m fhis utrit petition does nt)t uroiue rcquiring atry further ndjudication. 1 A c?py o.f toritten instru.ctions along ruith FIR is st r rti on lenrntd cototsrl for tlrc pelitioner. ,,r,u *; .ol.tlte aforasnid subnission o[ Ienrncd As istnttl l,lt'(rnmeul plendtr ,,o 7,rtt,r, irarrc n)i ,rq , ,ra tu be pnssed itt tltis u,rii oet I ; p ;;, ; ; i'' ; ;: ;,",r :: i l ; :, ! ::;,,, ;:, 1 ;, : ;:,, :, ;!'; i ;,j :, th^e,rc I o. mi sct,llnr rcor rs npplicntio,,r,,l r'riy'," p"ri,n{iir,,, r, ri t pettl ton stn tttl closL.tl.,. r-"""" "v'Lr 't 's,'rii"i, .H.omr, -!, rr?ii,;

4. Learned scnior counscl appearing for the petitioner r .6ulcl submit that since the datc of registration of FIII No.544 of 2024 tjarr I 06.06.2024, the respondent No_4 did not conduct proper investigatiorr lnd though the respondent policc l-raving power to scize any property whi h may be found under circumstanccs creating suspicion of the commission <,1 any offence, has not seized the subject ve'rricles. Learned senior counsel wour r further submit that till datc the rcspondent authorities neither investigatt 1 Mrs.B Reddy Anuparna, GK Naiclu and Subbah Naiclu, nor conducted prcl er invesLigation in accordance with the prov ision contemplated under ,cc :tton 773(2) of Cr.P.C/193(3) of BNSS. Aggrieved by the same, rhis wrir periii ,n is filed. 5 Nos.1 Learned Government pleader for Home appearing to 4 on instruciions submits that a final report da tr t cr respondent

02.07.2025 in 4 Crime No.544 of 2024 dated 06 06 2024 is filed before the learned IV AJCJ Cum XV Additionat Mekopolitan Magistrate' Kukatpaily' Cyberabad (herein after referred as,the trial Court,) and has placed a copy of final report dated 02.07.2025 before this Court, wherein it is stated that on petitioner's complaint, investigation was conducted and notice under Section 41(1) Cr'P C was issued to accused No 1 on 19 '06'2024' It is further submitted that for obtaining tracking details of the subject vehicles' letter to Managers of Audi showroom and Fortune Toyota Showroom were issued and it was revealed that a case is pending before learned V Junior Judge City Civil Court' Hyderabad and on 09 05 2025 and the said Court has directed the parties to maintain status quo Learned Government Pleader for Home would submit that on 6. 25.06.2025, notice under Section 91 Cr'P'C was issued to the petitioner for providing eye witness, documentarv evidence and other relevant documents' however, Petitioner failed to compl'v the notice daled' 75 06'2025' He would further submit that since no evid'ence was placed by the petitioner and as thc dispute is relating to intcrnal corporate and business disagreements and financial related matter, the respondent No'3 zride proceeding bearing No.616/ACP-KP /CyB/2025 dated 30'06'2025' referred the case as Civil in Nature and notice to that effect was also served to the petitioner through registered Post on 02 07'2025' Percontra, Iearned senior counsel for the petitioner would submit that 7 . pursuant to the notice dated 25 '05 2025' petitioner through his legal counsel on 01.07.2025 submitted rclcvant documents and without considering the / - ) t2.07.2025 in Crime further su bmitted same/ respondent authorities had filed final report dateci No.544 of 2024 dated 06.06.2024 before the hial Court. lt i that the respondent authorities have arso failed to c rnsir,er the main ingredients of the complaint datecl 03.05.2024 an<t lid not conduct lnvestigatioll to the extcnt of criminal elements maclc in tr-: complaint c-rated 03 05 '2024' I-earned senior counsel wourd submit that r 1e r.ehicres were purchased in the name of the petitioner company and t,r < ate the petitioner company is paying EMI,s and insurance premium. Since the vehicles are owned by the petitioner company, the saicl pcrsons . r., Mrs.B Reddy Anuparna, GK Naic.lu ancl Subbah Naic.lu, has no authorit.y t. use the vehicles. 8. Learned senior counscl appearing for proposed resp: tclent Nos.5 and 6 would submit that the proposed respondents are major sha -e horcrers of the petitioncr company and with the knowledge of the petition: , company, they are using the vehicles.

9. In the case on hantl, it ts pertincnt to note that in the ii Lal report dated authorities havc not nlentiol ed about the rg thc same,

02.07.2025, tho respon<-lcnt petitioner reply clated 07.07.2025 and without conside- respondent authorities have filccl thc final report dated 02.07 trial court 1025 before the

10. After arguing at length, learned Government pleac er for Home submits that if the petitioner approach the investigation officer r nd submit the relevant documents, the same woulc{ be consiclered 6

11. At this stage, learned senior counsel for the petitioner Pray this Court to grant tiberty to petitioner to approach the investigation officer and submit Ielevant dOcUments and evidence before the respondent authorities and further pray this Court to direct thc rcspondent authorities to consider the same and take up investigation in accordance with law'

12. Recording the submission made by the learned counsel on either side and since the final report dated 02'07 2025 in Crime No 544 of 2024 dated 06.06.2024is filed without considering the petitioncr's reply dated 01'07 2025 ' this Court deems it appropriate to disposc of the writ petition directing the investigation officer to be present in the respondent No 4 poiice station on 30.72.2025 at 10.30 Am ancl thc Pctitioner may approach the investigation officer on 30.12.2025 at 10'30 Am and submit relevant documents and witnesses in support of contentions in complaint dated 03 05'2024' thereafter' theinvestigationofficcrisdirectedtocxaminetheSameandaftergivingfair opportunity of hearing to the pctitioncr' shall take up further investigation strictly in accordance with law and file additional/ supplementary rePort or charge sheet before thc trial Court' as expeditiously as possible' The petitioner is permitted to take assistancc of his counsel at the time of submitting the documents on 30.12.2025' 13. It is made clear that this Court has not expressed any opinion on the merits of the case and it is for the respondent authorities to examine the documents submitted by the petitioncr and takc action in accordance with Iaw

74. With the above directions, this writ pctition is dispor cd of. As a sequel, I.A.No.1 of 2025 (lmplead petition) and othcr miscellanc< r s petitions, if any, 1 pending in this rvrit pctition shall stand closed. No costs. SD/. K.MADHAVI ASSI ;TANT REGISTRAR ,'.-e. SECTION OFFICER //TRUE COPY// The principal Secretary, Home Department secretariat 13 rildings, Hyderabad, State of Telangana. ih;-C;r;i;ai""er of Police, Cvberabad Commissionera e, Hyderabad it" Ai.llirri Commissionei of'Police, KPHB, Kukatpall Cvberabad Commissionarate, HYderabad inJ Strtion House Officer, Kukatpally Police Station' C1'l erabad Commissionerate, HYderabad. One CC to SRI ISMAIL KATUBADI, Advocate [OPUC] i*o CC" to GP FOR HOME, High Court for the State o' -elangana, at Hvderabad. IOUTI ohe CC to SRI A VENKATESH, Advocate [OPUC] Two CD Copies To 1 2 5 4 5 7 8 PSK. PSK ht,./ HIGH COURT DATED:2911212025 CC TODAY ORDER WP.No.21265 of 2024 , ,i-i ,: \: . .. .)",ir:,. 2s l ./.:..: ri"i' IrD -I- .-,('. t. * :-...o,:!n {'--:: DISPOSING OF THE WRIT PETITION WITHOUT COSTS \\ 1 tl tD