The High Court · 2025
Case Details
Acts & Sections
The State of Telangana,. through Team lv, Central Crime Station, Hyderabad, Rep by its Public Prosecutor, High Court for the state of Telangana, i{yderabad. The Branch Manager, Telangana Grameen Bank, Laxmi Nagar saidabad, Hyderabad. ' Petition under Section 528 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to Quash CC No.40712018 on the file of Xll Additional Chief Judiciai Magistrate, Hyderabad. ..,RESPONDENT No.1 & 2 t.A. NO: oF 2025 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 stay all further proceedings including appearance of Al in CC No.4O7t2O18 on the file of Xll Additional Chief Judicial Magistrate, Hyderabad. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri G SURESH GOUD, Advocate for the Petitioner and of Sri Jithender Rao Veeramalla, the Additional Public Prosecutor for the State of Telangana on behalf of the Respondent No.1 and none appeared for Respondent no.2. The Court made the following: ORDER ; I I THE HON'BLE SMT.JUSTICE TIRUMALA DEVI EADA CRIMI NAL PETITI No.10655 2025 ORDER: This criminal Petition is fired by the petitioner-accused No.1 seeking to quash the proceedings in cc No.407 of 2o1g on the file of Xll Additional chief Metropolitan Magistrate at Nampally, for the offences under sections 406, 420, 4og, 467, 46g, 411, 422 and 120- B IPC.
2. Heard Mr. G. suresh Goud, learned counsel for the petitioner and sri Jithender Rao veeramalla, learned Additional Public Prosecutor for the respondent No.1-State.
3. Learned counsel for the petitioner has submitted that the petitioner is accused No.1 and that the proceedings against accused Nos.2 and 3 in the same case were quashed by this court vide crl.P.Nos.97B3 and g850 of 2o1g and requested to extend the same relief to the petitioner herein also.
4. Learned Additional public prosecutor has opposed the same submitting that petitioner-accused No.1 is the person who availed the loan and is facing the prime allegations and therefore, he prayed to dismiss the petition. ) EID,J Ct .P. No-1o655 of 2025
5. Perused the record
6. The recitals of the charge sheet point out that the petitioner got a compassionate appointment on his father's death as an attender in A.P. Government Text Books Press. He hatched a plan along with accused No.2 to obtain a housing loan from Telangana Grameena Bank. As per the plan, they approached accused No'3, who was the then Bank Manager and offered to pay him 20% of the sanctioned amount if he cooperates. Accused No.3 accepted the offer and the petitioner has opened a savings bank account in the Telangana Grameena Bank, Laxminagar Branch, saidabad, Hyderabad and prepared a fabricated agreement of sale between one Kuntala Narahari Goud and the petitioner, to purchase Flat No.104, satya Heights at saroornagar for a sale consideration of Rs.20.00 lakhs by showing petitioner's name as Gudem Mallikarjun instead of Gaddam Mallikarjun and prepared all the loan documents and submitted the same to accused No.3, whereupon the accused No.3 has sanctioned the loan of Rs.10,50,000/- as per the eligibility of accused and issued two Demand Drafts bearing Nos.279300 dated 02.12.2014 for Rs.5,00,000/- and 279301 dated 02j22014 for Rs.5,50,000/-. Thereafter, the petitioner has opened a fake bank acepunt in the name of Kuntala Narahari Goud by submitting fake lD \ Jt"' 3 EfD,J C,l.P. No.1l,a55 ol 2025 and address proof and presented the said DDs into the account of said Kuntala Narahari Goud and got encahsed. Later, the petitioner has submitted the fake sale deed and after obtaining the loan amount he committed default in repayment of the installments. Thereafter as accused No.3 pressurized the petitioner to repay the loan amount and on fear of loosing his job, the petitioner has repaid the total loan. However, it is alleged that the petitioner has conspired with accused Nos.2 and 3, created fabricated sale deed and memorandum of deposit of title deeds by using the counterfeit seal of the District Registrar, Ranga Reddy District. These are the allegations pointed out against the accused.
7. Learned counsel for the petitioner submitted that a coordinate bench of this Court in Crl.P. Nos.9783 and 9850 of 2018 has quashed the proceedings against accused No.3, who was the then Bank Manager of Telangana Grameena Bank, and the same relief may.be extended to this petitioner also. lt is to be observed in this regard that the petitioner is accused No.1 who is alleged to be the beneficiary of the said loan and he is the man behind the entire conspiracy of creating the forged documents and obtaining the loan for his own benefit. Hence, the proceedings against the petitioner cannot be quashed. However, in the facts and circumstances it is I I 4 ETO,J Crr.P. No.10655 ol 2025 deemed appropriate to dispose of the petition by directing the trial court dispose of the matter at the earliest as the case pertains to the year 2018, and by dispensing the attendance of the petitioner before the trial court.
8. Accordingly, the Criminal Petition is disposed of directing the trial court to dispose of the matter at the earliest and dispensing with the attendance of the petitioner before the trial court, provided he is represented by a counsel before the trial court on every date of hearing and he shall appear before the trial court as and when his presence is required during the course of trial. Miscellaneous Petitions, pending if any, shall stand closed. Sd,- C. DEEPIKA ANT REGIST /TRUE COPY/ ON OFFICER \ To 1, 2, +1".$ti31'.Tfl f.At"Jgljl.j3lffl''Igf; ':J#:i1?:lateorrerangana,at BIi"6t?S S#,lL suRESH GouD, Advocate toPucl . two CD CoPies (+ 3 4 Tts/pr HIGH COURT DATED:1911112025 z'.i. i,a: o, ,)' ') ri 23 Ec mt i'i .L ./ - .,/ S.' 1j C, t.n "-,/ -2' ORDER CRLP.No.10655 ot 2025 t' t, .k DISPOSING OF THE CRL.PETITION + t+ \o \) "l-5-