High Court · 2025

Petition under Article 226 of lhe 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 especially one in the nature of writ of mandamus duly declaring the action of the respondent Nos.2 and 3 in issuing the impugned notice dated OglOgl2O2S under Sections. 94 and 179 OF BNSS, 2023 relating to Crime No.63 of 2025 on the file of Cyberabad EOW P S , on a complaint lodged by Respondent No.4 dated 0410912025 calling upon the petitioner herein to produce the documents mentioned therein as without jurisdiction, contrary to the provision of law and violative of Article 20(3) of the Constitution of lndia. @qE.,/ lA NO: 1 OF 2025 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 suspend the operation of impugned notice dated 0910912025 issued by the Respondent No.3 under Section 94 and 179 of BNSS, 2023 as against the Petitioner, pending disposal of the writ petition- lA NO: 2 OF 2025 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 grant stay of all further proceedings in Crime No.63 of 2025 on the file of Cyberabad EOW P.S. Cyberabad including the appearance of the petitioner on 15logt2o25 in pursuant to the impugned notice dated 09/09/2025 issued under Section. 94 and 179 of BNSS, 2023 as against the Petitioner in the interest of justice. Counsel for the Petitioner: SRI VINOD KUMAR DESHPANDE, Sr. COUNSEL, REP. FOR SMT DEVINENI RADHA RANI Counsel forthe Respondent No.1 to 3: SRI MAHESH RAJE, GP FOR HOME The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.27539 of2o25 ORDER This writ petition is filed questioning the action of the respondent Nos.2 and 3 in issuing the impugned notice dated O9.O9.2O25 under Sections 94 and 179 of BNSS, 2023 calling upon the pe[itioner to produce the documents mentioned therein, relaLing to Crime No.63 of 2025 on the file of Cyberabad trOW police Station on a complaint lodged by respondent No.4 dated 04.Og.2O2S without jurisdiction, contrary to the provision of law and violative of Article 20 (3) of the Constitution of India.

2. The brief facts of the case are that one Airis pharma private Limited (hereinafter referred to as ,the Company) was incorporated in Augusl, 2O13 with the object of pharmaceutical research, development and manufacturing. The petitioner submits that he is the former Managing Director/Authorized Representative of the said Company arrd a notice was issued on 09.O9.2025 by the Assistant Commissioner of Police, Economic Offences Wing, Cyberabad under Sections 94 ard 179 of BNSS, 2023 calling upon to produce documents in connection with criminal complaint involving fraud, cheating, criminal breach of trust, theft and criminal conspiracy. The notice was been given to the said Company through the Malaging Director/ Authorized Representative to its registered oflice situated at a Plot Nos.64 and 65, Aleap Industrial Estate, Gajularamaram Village, Quthbullapur Mandal, Hyderabad, Tclangana, India.

3. Sri Vinod Kumar Deshpande, learncd senior counsel appearing for the petitioner submits that the said notice issued under sections 94 and 179 of BNSS is not proper when the petitioncr is already an accused in the F.l.R. As such, the petitioner is not obligated to furnish thc documcnts as mentioned in the said notice. It is further submitted that the contents of the notice and documcnts mentioned therein would amounts to sl.lifting o[ the entire compitny records to the respondent No.3 office which is impermissible in law.

4. Per contra, learned Government pieader appearing for Home submits that notice w-as issued in the name of the company and in F.LR.No.63 of 2O2S dated 04.09.2O25, the petitioner name is arrayed as accused as such, the noticc is only given for the purpose of summoning the records of thc company. Learned Government pleader has drawn the at[ention of this Court to the notice ctated O9.O9.2O25, and submitted that it is not issued to the petitioner rn his personal capacity but it ll.as issued to the company and the company has to respond to the said notice.

5. The learnecl senior counsel for the petitioner woulcl submit that the petitioner is the Managing Director holding Sg.S2% majority share holder and the respondent No.4 prevailed upon to see that the I 3 complaint is registered to settle the scores in a matter which was already hled by respondent No'4 against the petitioner and others before NCLT, Hyderabad bench at Hyderabad under Sections 241' 242,213 & Section 119 of Companies Act, 2O13 read with Rules 11' 23&43oftheNCLTRules,2016videCompanyPetitionNo.30/24lof 2025. lL is further submitted that there are disputes between the Directors and shareholders of the company, which has given the colour of a criminal case and that there is breach of trust' cheating and misappropriation of funds in relation to company affairs and as per the resolution passed at the meeting of Board of Directors on 06.O7.2O2O, the petitioner was appointed as Managing Director of the company for a period ol 5 years with effect ftorn 06 'O7 '2O2O on certain terms and there are disputes regarding investments' management and control of the company which are governed by the provisions of the Companies Act, 2013 and are subject to adjudication belore the NCLT and fhe impugned notice dated Og 'O9 2025 was seryed on the petitioner being the trx-Managing Director' Learned senior counsel for the petitioners would submit that petitioner has control over the affairs of the company and is obligated to respond to the Notice' He would further submit that issuance of notice itself is bad in law and aggrieved by that the petitioner hled the present writ petition'

6. Heard the learned Senior Counsel Sri Vinod Kumar Deshpande appearing for the petitioner and Sii Mahesh Raje, the learned I i' I I 4 Govei-nment pleader for Home and perused the material made available on the record. 7. it appears that there are disputes with respect to the affairs cf the management and control of the compan5r between the petitioner and the Directors. On a perusal of the rrotice dated 09.O9.2025, it is noticed that thc said notice has been issued to the Company and that the petitioncr .rvas the Ex_Managing Director of the said Company. Admittedly, the petitioner is a forrner ivlanaging Director and it is for the Companl, to respondent to the said notice.

8. At this jr_rncture, the learned Government pleader for Home submits that the impugned notice has been already served on the Human Rescurces Manager of the said Company and he has accepted the same and it is for the company to take appropriate steps as available under law.

9. In that view of the matter, recording the submissions made by the learned counscl on either side, it is for the authorized representative of the company to respond to the said notice and as submitted by the learned Government pleader for Home that the said notice has already been received by the Human Resource Manager of the Company and that they would take appropriate action, no mandamus can be issued at this juncture. It is for the said company to work out its remedies as available under law. w 5 10 With these observations, this writ petition is disposed of. shall be no order as to costs. There Misce llaneous apprications, if any pending, shalr stand closed. To //TRUE COPY// SD/.MOHD. ISMAIL PUTY REGISTRAR SECTION OFFICER 1 The Principal Secretarv. D of Telangana. epartment of Home, Secr riat, Hyderabad, State

2. The Commissioner of police, Cyberabad Commissionerate, Cyibeial;JDis;;. " offences wins (Eow), Eow cvneiadia p*i.,'iid"rrbad District -Cyberabad Economic Offences Wing (EOW), 3. The Assistant Commission^er of. police and lnvestigation Offtcer, Economic 4. One CC to SMT DEV|NEN| RADHA RAN|, Advocate [OpUC] 5. Two CCs to Gp FOR HOME, High Court for the State of Telangana at 6. Two CD Copies Hyderabad [OUT] BSR BS (r HIGH COURT DATED:1 2l0gl2025 CC TODAY I ) \ !-t ):: r: =$ .s I..'..l ..- .j ORDER WP.No.27639 of 2025 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS t Yk \"f F_