Harish Amilineni, Jubilee Hills, Hyderabad v. The State Through Sho Ps.,Of Raidurgam, Cyberabad And ANR, -Pp

HON'BLE SRI JUSTICE U.DURGA PRASAD RAO CRIMINAL PETITION No.10695 of 2011 ORDER:

This Criminal Petition is filed by petitioner/A1 under Section 482 Cr.P.C, seeking to quash the proceedings against him in Crime No.393 of 2011, of Raidurgam Police Station, Cyberabad, Ranga Reddy District, registered for the offence under Section 420 IPC.

Brief facts of the complaint are that the de-facto complainant and others are employees in Telento Technologies Private Limited, a Software Company, since three years prior to the lodging of the complaint. It is alleged that the petitioner/A1 is the Managing Director and A2 is the CEO and since last three months the Managing Director is not paying their salaries and other due amounts. It is further alleged that A1 is not coming to the office since last several weeks. It is averred that the accused have willfully cheated them in paying the statutory amounts.

Having regard to the nature of the allegations, this Court is of the considered view that a thorough investigation is to be made as to the liability of the petitioner/A1, if any, in the matter of payment of the dues alleged by the complainant and others. Therefore, the investigation shall lead to its logical conclusion. The Investigation Officer shall investigate into the matter and file the report expeditiously. However, having regard to the nature of the matter, the Investigating Officer shall not arrest the petitioner/A1. He shall scrupulously follow the guidelines rendered by the Hon'ble Apex Court in

UDPR, J Crl.P.No. 10695 OF 2011 Arnesh Kumar V. State of Bihar1 and follow the procedure contemplated under Section 41-A Cr.P.C., during the course of investigation. Petitioner/A1 in turn shall cooperate with the investigating agency for smooth completion of investigation. Accordingly, the Criminal Petition is disposed of. As a sequel there to, miscellaneous applications, pending if any, shall stand closed. _________________________ U.DURGA PRASAD RAO, J Date: 25.07.2018 KA 1 (2014) 8 SCC 273