M/S. Sree Teja Benefit Fund Limited v. The State Of Telangana,

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY ,THE ELEVENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 11927 OF 2023 Between:

M/s. Sree Teja Benefit Fund Limited, 106, Rahmat Commercial Complex, Ameerpet, Hyderabad, Telangana-soo 016, Rep. by its Managing Director, Sri Hari Krishna Brungi, S/o. Yadagiri Narayana Brungi, aged about 74 years, R/o. H.No. H.No. 19-53, Vivekananda Nagar, Dilsukhnagar, Hyderabad, Telangana-500 060.

Hari Krishna Brungi, S/o. Yadagiri Narayana Brungi, aged above 78 years, Managing Director, M/s. Sree Teja Benefit Fund Limited, H.No. 19-53, Vivekanahda Nagar, Dilsukhnagar, Hyderabad, Telangana-500 060. ...PETTTIONER/ACCUSED(S) AND

1. The State of Telangana,, Rep. by its Public Prosecutor, High Court Buildings' Hyderabad

2. The Registrar of Companies, (For The State of Telangana), ll Floor, Corporate Bhawan, Bandlaguda, Nagole, Hyderabad- 500 068, ...RESPONDENT/COMPLAINANTS 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 call for the records relating to the proceedings C.C.No.72 oI 2015 on the file of Honble Court of the Special Judge for Economic Offences' Hyderabad and quash the same.

l.A. NO: 2OF 2nL3 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 of all further proceedings in C.C.No.72 of 2019 on the file of Hon'ble Court of the Special Judge for Economic Offences, Hyderabad, pending the disposal of the above Criminal Petition.

l.A. NO: 1OF 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 dispense with filing of the original certified copy in C.C.No.72 of 201 9 on the file of Honble Court of the Special Judge for Economic Offences, Hyderabad.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri CH. Venkat Raman, Advocate for the Petitioner and the Public Prosecutor (TG) on behalf of the Respondent No.1 and none appeared for the Respondent No.2. The Court made the following: ORDER

THE HONOURABLE SN IUSTICE K.SURENDER CRIMINAL PETITION No.11927 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 t \ \ \ petitioners/accused Nos.1 and 2 to quash the proceedings 1n C.C.No.72 of. 2019 on the file of the learned Special Judge for Economic Offences at Hyderabad. The offences alleged against the petitioners are punishable under Sections 406 (1) of the Companies Act,2013 r/w Rule 8(1) of Nidhi Rules, 2014.

2.

Heard learned counsel for the petitioners, learned Additional Public Prosecutor for the respondent No.l-State and learned counsel for the respondent No.2. Perused the record.

3.

On perusal of the facts and circumstances of the case, the petitioners have to undergo the trial to prove their defence and the same cannot be considered and quash the proceedings. 4.

Accordingly, there are no grounds and the Criminal Petition is dismissed. In the event of the petitioners filing an application under

Section 205 of Cr.P.C., to be represented by a counsel, the same shall be considered by the Trial Court, by imposing conditions, without hindrance to the trial Miscellaneous applications pending, iI any, shall stand closed. SO/- G.SIREESHA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, The lV Addl. Chief Metropolitan Magistrate Court at Hyderabad The Station House Officer, Nallakunta police Station, i-lyderabad One CC to Sri CH .Venkat Raman, Advocate tOpUCl Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUT] Two CD Copies NS \}"-

HIGH COURT DATED:1 111212023 1HE ST41 A.

ORDER

($( zo -t * CRLP.No.11927 of 2023 ooI 2 0 FEB 2024 ParC.+Eo { Dismissing the Criminal Petition 8 -.l$ q_