M. Padmakar Rao v. The State Of Telangana

HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No.9106 of 2018 ORDER :

Respondent No.2, Chief Vigilance Officer of the Oriental Bank of Commerce, Head Office, New Delhi, served, failed to attend, taken as heard.

2.

Heard Sri S.Surender, learned Special Public Prosecutor, representing the CBI/ACB, Hyderabad for the State of Telangana and learned counsel for the petitioner/A.12, advocate by avocation. 3.

Undisputedly, referring to the expression of the Apex Court in Central Bureau of Investigation v. K. Narayana Rao1, particularly paras 30 and 31, so far as A.16 similarly situated another advocate of the Bank panel given legal opinion was also charge sheeted and on his application another Bench of this Court, by order, dated 26.06.2018 in Crl.P.No.3643 of 2018 quashed the accusation against that advocate as A.16 and the petitioner/A.12 is similarly situated for the opinion given is regarding the title existing and to be acquired by obtaining regular sale deed by referring to what are the Xerox copies submitted to give opinion referred, there is nothing to say any deliberate negligence, much less collusion or privy with the persons sought for opinion or the holders of the property from which the opinion sought. 4.

Having regard to the above, the criminal petition is allowed quashing the proceedings covered by the cognizance order in 1 (2012) 9 SCC 512

C.C.No.25 of 2006 against the petitioner/A.12 pending on the file of the Special Judge for CBI cases, Hyderabad. The bail bonds of the petitioner/A.12, if any, shall stand cancelled. Miscellaneous petitions pending, if any, shall stand closed. ____________________________ Dr. B. SIVA SANKARA RAO, J 20th November 2018.

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