The High Court · 2025

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 the proceedings against the Petitioners/Accused No-4 and 5 in FIR No.32 of 2025 daled 25.06.2025 on the file of EOW Police Station, Cyberabad Commissionerate l.A. NO: 2 OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the lVlemorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings including arrest of the Petitioners/Accused No 4 & 5 in FIR No.32 of 2025 dated 25.06 2025 on the file of EOW Police Station, Cyberabad Commissionerate, pending disposal of the above Criminal Petition 7 This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri M A K MUKHEED, Advocate for the Petitioners and SRI. JIfHENDER RAO VEERAMALLA, Additional Public Prosecutor on behalf of the Respondent No.1 and None Appeared for the Respondent No.2 The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SMT.JUSTICE TIRUMALA DEVI EADA CRIMf NAL PETITION No.14866 of 2025 Date:29.12.2025 Between: Undralla Vasudha and another Petitioners/Accused Nos.4 & 5 And State of Telangana, Rep. by the Public Prosecutor, High Court for the State of Telangana, Hyderabad and another ORDER: ... Respondents This Criminal Petition is filed by the petitioners-accused Nos.3 & 4 seeking to quash the proceedings in FIR No.32 of 2025 on the file of EOW Police Station, Cyberabad Commissionerate, registered for the offences under Sections 318(4), 316(2) read with 61(2) of BNS and Section 5 of the Telangana Protection of Depositors of Financial Establishments Act, 1999 (for short ,TSPDFEA') I 2 ETD.J C.l.P. No.11866 ol 2025 *- -!aq

2. Heard Sri lvl.A.K. Mukheed, learned Counsel for the petitioners and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor for the respondent No.1-State

3. Learned counsel for the petitioners has submitted that the petitioners are facing false allegations and that they never lured the alleged victims nor did they ask them to invest in their business and have not promised any returns and thus, the allegations made against them do not attract the ingredients of the offences under Sections 318(4), 316(2) read with 6'l (2) of BNS and Section 5 of the TSPDFEA He further submitted that even if the allegations are believed to be true, the alleged victims could have initiated a suit for recovery of money or proceedings under Section 138 of the Negotiable lnstruments Act (for short 'Nl Act') could have been filed, but with an ulterior motive, the present criminal case is filed by the de faclo complainant, just to harass the petitioners herein. He further submitted that apart from the offences under lPC, the offence under Section 5 of the TSPDFE Act is alleged against the petitioners just to harass them Therbfore, he prayed to quash the proceedings against the t petitioners. ------ -) ETO,J C.l.P. No.Ua66 ol 2025

4. Learned Additional Public Prosecutor has submitted that the petitioners have induced the alleged victims to invest in their company i.e. tt//s. Christ Properties (OPC) Pvt. Ltd., promising them to give high rate of returns on which the alleged victims believed their words and made investments, but thereafter, they failed to repay any amounts to the victims. Thus, there is a prima facle case against the petitioners and that the prosecution has collected ample material to prove the offences alleged against the petitioners and is yet to collect some more evidence. The investigation is in progress and therefore, he prayed to dismiss the petition

5. Perused the record.

6. The petitioners are facing allegations under Sections 318(4), 316(2) read with 61(2) of BNS and Section 5 of the TSPDFEA. The contents of the complaint discloses that the husband of the complainant is a retired employee of SBl, who retired in 2021 and pursuant to his retirement, he wanted to invest the retirement benefits, in August 2021 , lhe petitioner No.1- accused No.4 along with her daughter Panem Ujwala approached the de faclo complainant and convinced her to invest in their '1 ETDJ Cd-P. No.1a866ol2025 +5.?-,-i \ - company i.e. tr4/s.Christ Properties (OPC) Private Limited with a promise to pay good returns @ Zoh per annum and after thorough discussions, they have invested Rs.35.00 lakhs and as a collateral security, the petitioner No.1 has given them promissory notes and a blank cheque on behalf of her daughter Ulwala. As per the said agreement, they have paid the monthly returns for a period of 30 months and gained the confidence of the de facto complainant. Subsequently at their request lhe de facto complainant had again invested an amount of Rs.20.00 lakhs on the same terms and conditions. Thereafter. the accused have paid returns only for three months and stopped paying anything from November,2024. Since then, whenever the de facto complainant demanded for refund of their investment, they have been postponing the same on the one pretext or the other. Likewise, accused Nos.2 and 3 induced the other victims to invest in their business to gel huge profits within short period and collected Rs.2,54,75,0001 from the other victims and cheated them. Further it is revealed that the petitioner No. 1-accused No.4 has transferred her assets in the name of the petitioner No.2-accused No.S, who is her son, to conceal the proceeds of crime. It is further alleged that on

15.06.2025 when the son of the de facto complainant, by name, Efo,J c,l P. Ho.ua66 0l 2025 Vineel Kiran went to the house of the petitioner No.'l and asked them for return of their amount, the petitioner No.2 beat him and caused injuries. Thus, they filed the present complaint vlde FIR No.565 of 2025. The investigation revealed that the company i.e. MA. Christ Projects has a single Director i.e. accused No.3 and his wife accused No.2 is the nominee to accused No.1 Company. Accused No.4-petitioner No.1 herein, who is the mother of accused No.2, played an active role in convincing the de facto complainant and other victims to invest money in the said Company. Accused Nos.4 and 5 acted in collusion with accused Nos.2 and 3 and thus collected money from the retired employees and other jobless students. Further, accused Nos.4 and 5, who are the petitioners herein are shown to be absconding. Thus, e prima facie case exists against the petitioners for the offences under Sections 318(a), 316(2) read with 61(2) of BNS and Section 5 of the TSPDFEA.

7. The copy of the instructions submitted by the learned Additional Public Prosecutor reveals the above said facts that were found out during the investigation, which shows that the Investigating Agency is still in the process of collecting material evidence. The contention of the learned counsel for the petitioners . F..-! 6 ETD-J Crl-P No.1.366o12025 - is that even if the allegations are true, it is only a matter that can be decided in a money recovery suit, but here luring the alleged victims, collecting amounts and evading payments involves the element of criminality and hence, the said contention of the learned counsel for the petitioners cannot be sustained. The investigation is still in progress. Hence, this Court cannot interfere with the same at this juncture. The petition lacks merit and therefore, the same is liable to be dismissed. B ln the result, the Criminal Petition is dismissed Miscellaneous Petitions, pending if any, shall stand closed. SD/- P PONNA KRISHNA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,

1. The Principal Junior Civil Judge cum Metropolitan Magistrate at LB Nagar' Ranga ReddY District

2. The Station House officer, EoW Cyb(Cyberabad) Police Station, Cyberabad District

3. One CC to SRI M A K MUKHEED Advocate IOPUC]

4.TwoCCstoPublicProsecutor'HighCourtfortheStateofTelanganaat Hyderabad [OUT]

5. Two CD CoPies VM/ABK PL HIGH COURT DATED: 2911212025 ORDER CRLP.No.14866 of 2025 ,nt SIa.:4; [ 2 [[B ;lr[fi c . -k oFaqJ * DISMISSING THE CRIMINAL PETITION / I Jt,; ^ t,/- - /- !'' ' /