Erukonda Munishwar, v. State Of Telangana,
[ 32s1 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA
.- AT HYDERABAD TUESDAY. THE THIRry FIRST DAY OF JANUARY TWO THOUSAND AND TWENryTHREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 966 OF 2023 Between:
Erukonda Munishwar, S/o. Sri Erukonda Sadaiah, aged about 31 years, Occ Business, Rl/o. Plot No.649, Flat No'202, Sri Sai Nilayam, Near HMT Hills Ramalayam, KPHB Colony, Hyderabad 500085--- - -. PETITIONER/ACCUSED No.4 AND state of Telangana,, Rep. by its Public Prosecutor, High court for the State of Telanoana. at Hvderabad Mr. RJvi SieeXantn,, S/o. Ravi Apparao, Aged about 37 years, Occ Private Employee, R/o. Flat No.301' C-Block' Mathrubhumi Pearls, Mahadevapuram, Near Mahadevapuram Wines, Jeedimetla, Hyderabad' ...RESPONDENTS/DEFACTO COMPLAINANT Petition under Section 482 ot Ct.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in Crime No.
1045 of 2022, on the file of the Station House Officer, KPHB Colony Police Station, Cyberabad, for the offences under Sections 406, 420 read with Section 34 of IPC and Section 5 of the T.S. Protection of Depositors of Financial Establishments Act, in so far as petitioner herein (Accused No.4) is concerned I l.A. NO: 2OF 2023 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 in Crim-e No.
1045 of 2022, on the file of the SHO, fpHA Cotony Police Station, Cyberbad, including personal appearance in so far as the petitioner herein (Accused No 4) is concerned ' Pending disposal of the above Quash Petition This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri A.Muneendhar Reddy, Advocate for the Petitioner and the Additional Public Prosecutor on behali of the Respondent No.1 and none appeared for the Respondent No. 2.
The Court made the following: ORDER I I t
t(s,J Crl,P.No.966 2023 THE HONOURABLE SRI ]USTICE K.SURENDER CRIMINAL PETITION No.966 OF 2023 ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short'Cr.P.C.) by the petitionerAccused No.4 to quash the proceedings against him in FIR No.1045 of 2022 on the file of Station House Officer, KPHB Colony Police Station, Cyberabad, registered for the offences punishable under Sections 406 and 420 read with Section 34 of Indian Penal Code \ \ and Section 5 of Telangana State Depositors of Financial Establishments Act.
2.
Heard learned counsel for the petitioner - Accused No.4 and I learned Additional Public Prosecutor for the respondent No.l - State. Perused the material on record.
3.
The main ground on which the learned counsel appearing for the petitioner would submit that this petitioner has nothing to do with the Accused No.1 company in qqestion.
h-.
Crl.P.No.966 2023 4.
Since the directors are made vicariously liablTin the present case, the Investigating Officer in FIR No.1045 of 2022 is directed to proceed with the investigation against the petitioner after ascertaining his role in the company and also consider the fact that r,^l ('r he has no way associated with the company.
5.
Accordingly, the Criminal Petition is disposed off. Miscellaneous applications pending, if any, shall stand closed. Sd/-V.KAVIT ASSISTANT REGIST R //TRUE COPY// SECTION ICER To,
1. The lV Additional Junior Civil Judge cum XV Additional Metropolitan Magistrate, Kukatpally, Cyberabad.
2. The Station House Officer, KPHB colony Police Station, KPHB colony, Cyberabad
3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad. [OUT]
4. One CC to Sri A. Muneendhar Reddy, Advocate [OPUC]
5. Two CD Copies plp (/
HIGH COURT DATED:31l0112423
ORDER
! c lHE SI4 e CRLP.No.966 of 2023 a f( 0 z FEB 2023 C) - l' ':- - -tt,i_ -\ DISPOSING OF THE CRIMINAL PETITION *