A.Harinath Reddy v. G.Madhusudhan Reddy
HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.8337 of 2015 ORDER :
This Criminal Petition is filed by the Petitioner/ accused No.4 under Section 482 Cr.P.C seeking to quash the Crime No.115 of 2015 of Jinnaram Police Station, Medak District, registered for the offences punishable under Sections 420 and 468 IPC.
2) Heard learned counsel for the petitioner/ accused No.4 as well as 2nd respondent-State represented by its public prosecutor before admission and before ordering notice to 1st respondent-de facto complainant. Perused the FIR allegations that can be made basis for quashing.
3) It is the submission of the learned counsel for the petitioner in pursuance of the contents in the quash petition that but for a stray allegation about the so-called reducing of share pattern from 50% to a lesser without even calling for meetings and without notice to meetings and without infact conducting meetings by the said Ramakoti Reddy and his family members the other so called directors is outcome of so called collusion with the petitioner herein auditor of the company. It is the submission that such a stray allegation of he colluded with accused No.1 -R.Koti Reddy in reducing share pattern is unsustainable and liable to be quashed, thereby the accusation against him.
4) As the material falls short for this Court to admit the Criminal Petition filed under Section 482 Cr.P.C to quash the FIR proceedings, but for to the entitlement of concession of regular bail, the Criminal Petition is disposed of, giving liberty to petitioner to surrender before the learned Magistrate concerned and move for regular bail with notice to assistant public prosecutor concerned and in such event, the learned Magistrate shall grant bail with necessary conditions on the same day. Needless to say, at post bail stage, pending investigation his presence before the Court concerned can be dispensed with. Further remedies are left open
to him, in the event of police filing final report and after taking cognizance by the learned Magistrate.
5 ) Miscellaneous petitions, if any pending in this Criminal Petition, shall stand closed.
_________________________ Dr. B. SIVA SANKARA RAO, J Dt.02.09.2015 Knl HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.8337 of 2015
Date:02.09.2015 knl