The High Court · 2025
Case Details
Telangana at Hyderabad Sri. M. Praveen Kumar, S/o unknown to the Petitioner, Aged about. Major Occ. SHO, Nirmal Town PS Address. PS Nirmal Town (not necessary party) ... RESPONDENT/COMPLAINANT 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 FIR/Cr.No. 427 of 2024, dated 31 .08.2024, pending on the file of SHO PS Nirmal Town. l.A. NO: 2 OF 2021in Crl.P.No.12654 ot 2024: 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 stay all further investigation in FIR/Cr.No. 427 ot 2024, dated 31 .08.2024, pelding on the file of SHO PS Nirmal Town. CRIMINAL PETITION NO: '12657 OF 2024 Between: Bommidi Dhanunjay, S/o Muttanna, aged 34 years, Occ. SGT Teacher at MPPS School Dhannur (B) Village of Boath Mandal, R/o H.No. 4-403, Sonala Village of Boath Mandal, District - Adilabad ...PETITIONER/ACCUSED No.7 :/ AND '1 The State of Telangana, Rep. by through Public Prosecrlor at High Court of Telangana at Hyderabad
2. Sri. M. Praveen Kumar, S/o unknown to the Petitioner, Aged a-bout. Major Occ SHO. Nirmal Town PS Address. PS Nirmal Town (not necessary party) ...RESPONDENT/COMPLAINANT Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition. :he High Court may be pleased to quash FIR/Cr No. 427 of 2024, dated 31 .08 11(l.24 pending on the file of SHO PS Nirmal Town l.A. NO:2OF2024 in Crl.P.No.12657 ol 2024: Petition under Section 528 of BNSS praying that ir the crrcumstances stated in the Memorandum of Grounds of Criminal Petition the High Court may be pleased to stay all further investigation in FIR/Cr.No. 427 of 2A24, dated 31 08 2024, pendrng on the file of SHO PS Nirmal Town CRIMINAL PETITION NO: 12658 OF 2O24: Between: Kairam Venkatesh, S/o Gangadhar, aged 31 years, Occ. SIST Teacher at MPP Dhaujinayak Thanda of Kubeer Mandal. R/o Flat No 403, 3lock B, Vaishnavi Towers, Divyanagar, Nirmal PETITIONERiACCUSED No.8 ANO
1. The State of Telangana, Rep. by through Public Proseculor at High Court of Telangana at Hyderabad
2. Sri. M. Praveen Kumar, S/o unknown to the Petitioner, Aged about. Major Occ. SHO, Nirmal Town PS Address. PS Nirmal Town (not necessary party) ...RESPONDENT/COMPLAINANT Petitron under Section 528 of BNSS praying that in the crrcumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash FIR/Cr No. 427 ol 2024, dated 31l09l2[)2]4, pending on the file of SHO PS Nirmal Town l.A. NO: 2 OF 2024 in Crl.P.No.12658 ot 2024: Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may ------7/ ,/ be pleased to stay all further investrgation in FIR/Cr.No. 427 ot 2024, dated 3110812024, pending on the file of SHO pS Nirmat Town. CRIMINAL PETITIO N NO: 12660 OF 2024 Between: Ada Gangadhar, S/o Gangaram, aged 50 years, Occ. Excise Sl at Armoor Rio Bagyanagar, Nirmal, Nirmal District AND ...PET|T|ONER/ACCUSED No.4 1 z The State of Telangana, Rep. by through Public prosecutor at High Court of Telangana at Hyderabad Sri. M. Praveen Kumar, S/o unknown to the Petitioner, Aged about Major, Occ: SHO, Nirmal Town PS, Address PS Nirmal Town (not necessary party) ...RESPONDENT/COMPLAINANT 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 FIR/Cr. No. 427 ol 2024, dated 31. OB.2024, pending on the file of SHO PS Nirmal Town. l.A. NO: 2 OF 2024 in C r|.P.No.12660 ol 2024: Petition under Section 528 of BNSS praying that tn the circumstances stated in the Memorandum of Grounds of criminal petition, the High court may be pleased to stay all further investigation in FIR/Cr No. 427 of 2024, dated 31 .08.2024, pending on the file of SHO PS Nirmal Town These Petitions coming on for hearing, upon perusing the Memorandum of Grounds of criminal. Petitions and upon hearing the arguments of sri Ashish Deep Verma representing Sri Md Nazeeruddin Khan, Advocate for the Petitioners in all criminal Petitions and sri M. Vivekananda Reddy, Assistant Public Prosecutor on behalf of the Respondent No.1. The Court made the following: COMMON ORDER THE HONOURABLE SRI JI,STICE K.SURENDER CRIMINAL PETITION Nos.L2654. 12657,, 12658 & L2660 0F 2024 COMMON ORDER: These Criminal Petitions are hled by the petitioner /accused No.4, seeking to quash FIR.No.427 of 1,024, on the lile SHO, P.S., Nirmal Town, Nirmal, The offences erlleged against this petitione.r are under Sections 318(4), 3le'P) and 61(2) r/w.3(5) of the Bhartiya Nyaya Sanhitha (BNS), Section 5 of the Telangana State Protection of Depositors liom Firlancial Establishments Act (TSPDFEA) and Sections 21, 22, and 23 of the Banning of Unregulated Deposit Schemes Act (BUD). 2 . Since the petitioner/ accused is one and t tre same in all the petitions and is seeking quashment of similar proceedings, all the petitions are heard together and disposed off, by way of this common order.
3. Heard Sri Ashish Deep Verma, learned cc'unsel for the petitioner and Sri M.Vivekananda Reddy, Iearned Assistant Public Prosecutor for the respondent - State. Perused the record 2
4. The crime was registered against this petitioner dnd others mainly on the ground that the petitioner and irthers were involved in the scheme of Crypto currency/virtual currency.
5. The petitioner was arrested, and released on bail.
6. l,earned counsel appearing on behalf of the petitioner would submit that the method of trading 1n Crypto currency/virtual currency was in fact upheld by the Hon'ble Supreme Court in Internet and Mobile Association of India vs. Reserrre Bank of Indial, and subsequent to the said judgment, the Reserve Balk of India had issued proceedings vide RBI/2021-25/45 ln DOR.AML.REC. 1 8/ l4.O 10Or / 2021 - 22, stating that the circular issued by RBI vide DBR.No.BP.BC.l04l08. 13.lO2 /2017-t8 dated April 06,2018, with regard to the prohibition on dealing in Virtual Currencies [VS's) is ng longer valid and the trading ln Crypto currency/virtual currency is valid.
7. The above said aspects shall be considered by the Police during investigation and also the specific role played by this petitioner.. The investigation shall be concluded on the basis of the above cited judgment of the Hon'ble Supreme Court, I MarlulSC|O264/2020 7 3
8. With the above observation, the Criminal Petitions are disposed off. Misccllaneous applications pendirrg, if any, shall stand closed //TRUE COPYII SD/. N. SRI HARI R DEPUTY REGIST SECTION OFFICER To, 1 The Additional Judicial First Class Magistrate at Nirmal. 2 The Station House Officer. Nirmal Town Police Station, Nirmal District. 3. Two CCs to the Public Prosecutor, State of Telangana, Hi,gh Court Buildings at Hyderabad[OUT] 4 One CC to Srr lvld Nazeeruddin Khan, Advocate [OPUCI 5. Two CD CoPtes Plp/PSL 5 \ HIGH COURT DATED:1710312025 COMMON ORDER CRLP.Nos.l 2654, 12657, 1 2658 and 12660 ot 2024 1fl[. S L.1 rC: 11APn zffi (' ; l a t) \-l.a \ DISPOSING OF ALL THE CRIMINAL PETITIONS @i4q .k6