Shanmuga Vadivelu, v. The State Of A.P., Rep By Pp., And Another,

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM CRL.R.C.Nos. 1432 to 1437 OF 2009 COMMON ORDER :

These Criminal Revision Cases are filed challenging the orders dated 22.07.2009 in Crl.M.P.Nos. 957, 954, 953, 955, 952 and 956 of 2009 respectively in C.C. No. 549 of 2002 on the file of the XI Additional Chief Metropolitan Magistrate's Court at Secunderabad, whereunder the claim of the petitioners - accused seeking their discharge on the ground that they ceased to be the Directors of the company M/s EBF Finance Limited, arrayed as Accused No.1, in 1995 itself, was rejected.

The document which the petitioners seek to rely on is Form No.32 filed before the Registrar of Companies for the first time in 2000 while their claim was that they ceased to be the Directors in 1995 itself. Inasmuch as Form No. 32 was filed before the Registrar of Companies in 2000, whether, as a mater of fact, the petitioners had resigned and ceased to be the Directors of the company is a matter requires to be adjudicated during the trial in C.C.No. 549 of 2002.

In that view of the matter, not discharging the petitioners from the criminal case cannot be found fault with. The Criminal Revision Cases therefore, lack merits and the same are accordingly, dismissed. No costs.

As it is submitted that the petitioner in Crl.R.C.No. 1432 of 2009 is 92-year-old, it will be open for him to move an Application seeking to dispense with his appearance before the Court. When

such an Application is made, the learned Judge shall consider the same in accordance with law.

____________________________ CHALLA KODANDA RAM, J 04th March 2020 ksld