The High Court · 2025

2. Sri. Karan Kumar Nagla, S/o- Narayan Nagla, Age 31 years, Occ: Business, R/o. H.No. 14-5-309, Shah inayathgu nj, Begum Bazar, Hyderabad, Telangana (R2 impleaded as per Court Order dt. 05-10-2023, in lA.No. 212023inCrl.P. No 9040/2023.) ...RESPONDENT/STATE/RESPONDENT Petition under Section 482 of Cr.P .C 1 973 praying that in the circumstances stated in the lt/emorandum of Grounds of Criminal Petition, the High Court may be pleased to allow the Criminal Petition by quashing the order dated 08-08-2023 passed in Crl.lt4.P.No.3084 OF 2023 in Crime No.153 OF 2023 on the file of the Court of the Honble Xll Additional Chief lVletropolitan lvlagistrate, at Hyderabad l.A. NO: 1 OF 2023 Petition under Section 482 o'f Cr.P.C praying that in the circumstances stated in the fVlemorandum of Grounds of Criminal Petition,the High Court may be pleased to direct the court below to defreeze the Petitioners 1) lDBl Bank Account No. 1591 102000011185, Ir/lahila Colony Branch, Gandhi Nagar, Delhi and 2) ICtCt Bank Account No.1 12605002453, Gandhi Nagar Branch, New Delhi which are freezed by the P.S. CCS, DD, Hyderabad in connection with Crime No.'1 53 OF 2023. This Petition coming on for hearing, upon perusing the [\/emorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri NYSHADHAIM CHANDRA SEKHAR, Advocate for the Petitioner and Sri. E Ganesh, Assistant Public Prosecutor on behalf of the Respondent No. -1. The Court made the following: ORDER ?t THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL PETITION No.9O4O oF 2023, ORDER: This Criminal Petition has been filed to quash the order dated 08.08.2023 in Crl.M.p.No.3084 of 2023 passed by the XII Additional Chief Metropolitan Magistrate at Hyderabad.

2. The case of the petitioner f 3td party is that the petitioner company is no \\,ay concerned with the alleged crime. The investigation officer in Crime No.153 of 2023 of p.S. CCS, DD, Hyderabad, seized the bank accounts of the petitioners company : i.e. (i) 1599i102000011185 of IDBI Bank, Mahila Colony, Gandhi Nagar, Delhi (ii) tt26OSOO2453 of ICIC Bank, Main Road, Gandhi Nagar, New Delhi, without issuing any notice to the petitioner company. As a result, petitioner is facing severe hardship in running the business activities of the company. Therefore, the petitioner filed a petition uide Crl.M.p.No.30g4 of 2023 before the learned XII Additional Chief Metropolitan Magistrate, Hyderabad to defreeze the said company,s bank accounts. EW, CRLP 9040 2023 I

3. The learned Assistant Public Prosecutor XII Additional Chief Metropolitan Magistrate at Hyderabad, opposed the petition filed by the petitioner/3rd party, stating that the accused persons in Crime No. 153 of 2023, P.S. CCS, DD, Hyderabad, transferred an amount of Rs. 1.50 crores to the petitioner's company, which is connected to the said case. The learned Additional Public Prosecutor also submitted that the accused persons in the said crime are not cooperating with the investigating agency. Since the investigating officer issued notices on 16.O5.2023, 17.06-2023, and 12.07 .2023 for their appearances, the accounts of the petitioner's company cannot be defreezed. Hence, he prayed to dismiss the petition filed by the petitioner/third party.

4. The learned XII Additional Chief Metropolitan Magistrate at Hyderabad, after hearing both sides ard perusing the entire record, allowed the petition in Cr1.M.P.No.3O84 of 2023 filed by the petitioner with certain conditions uide order dated 08.08.2023 in Crl.M.P.No.3084 of

2023. Tlne petitioner has filed the present criminal petition, contending that orders of the XII Additional Chief Metropolitan Magi strate at Hyderabad, IS contrarv to iaw, weight of evidence, and the probabilities of the case. The learned F EYT,J (:RLP 9040 2023 counsel further contended that the Court below committed an error in imposing certain conditions, which are onerous and burdensome, and prayed for quashing of the ,impugned order dated 08.08.2023 in Crl.M.P. No. 3084 of 2023

5. Heard Sri Nyshadham Chandrasekhar, learned counsel for the petitioner and Sri E. Ganesh, learned Assistant public Prosecutor appearir-rg for the respondent No.1 - State.

6. Upon perusal of the entire material available on record, it is clear that the case in Crime No. 153 of 2023 of p.S. CCS, DD, Hyderabad, was registered against accused Nos. 1 and 2 for the offence punishable under Section 42O of the I.p.C, alleging that accused Nos. 1 and 2, in the said crime, introduced the complainant under the pretext of supplying 4260 units of Samsung mobile phones, worth Rs.4,15,35,000/_, ald accordingly received the same from the complainant. Thereafter, with a mala jl.de intention, the accused persons did not supply the said goods to the complainant. The complainant had also issued eight (08) cheques in connection with the said transaction to thj accused Nos.l and 2 towards collateral security. During ) \ \ CRLP 9010 2023 ; the course of investigation, the investigating agency seized the bank accounts of accused No. 2.

7. According to the prosecution case, an amount of Rs.4,15,35,000/- is involved in the said crime. The investigating agency has seized two bank accounts of the petitioner, as they are invoived in the prosecution's case, wherein the accused transferred a part of the proceeds of the crime, i.e., Rs. 1.50 crores, to the petitioner's company. Admittedly, a huge amount is involved in the present crime, and as per the prosecution's case, the investigation is still going on, and charge sheet has not yet been filed.

8. The contentions raised by the learned counsel for the petitioner in the present Memorardum of objections can be agitated before the learned XII Additional Chief Metropolitan Magistrate, Hyderabad, since the scope of exercising inherent powers under Section 482 of Cr.P.C is very limited. 9, It is settled law that Section 482 of the Criminal Procedure Code, 1973 must be invoked to prevent the abuse of process of 1aw and to secure the ends of justice. I EW,J .RLP 9040 2023 I

10. It is aiso u,t:ll settled in the case of Rcshmi Kumqr Smt. V. Mahesh Kumar Bhadal, wherein the Hon'b1e Supreme Court observed as under: The power under Section 482 Cr.P.C ihoulrl be exercised spaingly and cautiouslg and onlg uhen the Court is of the opinion that gross miscarriage of justice tuil! occasion if it is not inuoked. The Supreme Courl has also cautioned that the High Courts should not embark upon an enquiry on the reliabilitg or genuineness of the allegations in the Final Report and a finding on the ueracity of the mateial relied on by the prosecution is not a consideration the state of exercising the pouter under Section.

11. In view of the above reasons, this Court Iinds no merit in the criminal petition and does not warrant interference of the Court with the impugned order dated OB'08.2023 in Cr1.M.P.No.3O84 of 2O23, passed by the learned XII Additional Chief Metropolitan Magistrate at Hyderabad. L2. Accordingly, the criminal petition is dismissed. Miscellaneous Petitions, pending if any, shall stand closed. L(tqqr) 2 scc ?s7 //TRUE COPY// Sd/- T. JAYASREE S'TANT REGISTRAR S To, SECTION OFFICER I

1. The Xll Additional Chief [Vletropolitan lr/agistrate at Hyderabad. 2. The Station House Officer, Central Crime Station, Hyderabad. 3. One CC to SRl. NYSHADHATV CHANDRA SEKHAR Advocate tOpUCI 4. Two CCs to the Public Prosecutor, High Court for the State of Telangana, Hyderabad. [OUT]

5. Two CD Copies. PIM/DL h,ry- HIGH COURT DATED:131021202.5 ORDER CRLP.No.9040 of 2023 l yr i- S t4 /4' o 2l tti,t py6 ( ! ! I F, :[y> DISMISSING THE .SRIMINAL PETITION. I I . @