Telangana High Court
Abhilash Thomas vs The State Of Telangana on 2 December, 2021
Author: G. Sri Devi
Bench: G. Sri Devi
HONOURABLE JUSTICE G. SRI DEVI
I.A.No.6 of 2021 in/And W.P.No. 9573 of 2021
And
I.A.No.6 of 2021 in/And W.P.No.9788 of 2021
COMMON ORDER:
Since the issue raised in both the Writ Petitions is one and the same, they are being disposed of by this common order.
Writ Petition No.9573 of 2021 is filed seeking issuance of a Writ of Mandamus (i) declaring the action of the 5th respondent in registering F.I.R.No.40 of 2021 on the file of Nasrullabad Police Station, Kamareddy, against the petitioners as illegal, arbitrary and contrary to Prize Chits and Money Circulation Schemes (Banning) Act, 1978 and consequently set aside the same; (ii) declaring the action of the respondent police authorities in registering multiple and repetitive F.I.Rs. against the petitioners on the allegation of business model of the petitioners company i.e., M/s. Indus Viva Health Sciences Private Limited, is in violation of Prize Chits and Money Circulation Schemes (Banning) Act, 1978 as illegal, arbitrary and contrary to the provisions of the Criminal Procedure Code and consequently, restrain the respondent police authorities from registering repetitive/multiple F.I.R.s against the petitioners. (iii) directing respondent Nos.2 to 5 and their subordinate officials not to harass the petitioners by deliberately registering consecutive complaints based on allegations that the business model of the 2 petitioners company i.e., M/s. Indus Viva Health Sciences Private Limited is in violation of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978; and (iv) pass such other order or orders as the Court may deem fit and necessary in the circumstances of the case.
Writ Petition No.9788 of 2021 is filed seeking issuance of a Writ of Mandamus (i) declaring the action of respondent Nos.3 and 4 in registering F.I.R.No.183 of 2021 on the file of Ramachandrapuram Police Station, Cyberabad, against the petitioners is arbitrary, unconstitutional and contrary to Prize Chits and Money Circulation Schemes (Banning) Act, 1978 and consequently set aside the same; (ii) declaring the action of the 2nd respondent police authorities in registering multiple and repetitive F.I.Rs. against the petitioners on the allegation of business model of the petitioners company i.e., M/s. Indus Viva Health Sciences Private Limited, is in violation of Prize Chits and Money Circulation Schemes (Banning) Act, 1978 as illegal, arbitrary and contrary to the provisions of the Criminal Procedure Code and consequently, restrain the respondent police authorities from registering repetitive/multiple F.I.Rs against the petitioners. (iii) directing respondent Nos.2 to 6 and their subordinate officials not to harass the petitioners by deliberately registering consecutive complaints based on allegations that the business model of the petitioners company i.e., M/s. Indus Viva Health Sciences Private Limited is in 3 violation of the Prize Chits and Money Circulation Scheme Banning Act, 1978; and (iv) pass such other order or orders as the Court may deem fit and necessary in the circumstances of the case.
During pendency of the Writ Petitions, the petitioners filed I.A.No.6 of 2021 in both the Writ Petitions stating that on similar set of allegations, a case in Crime No.124 of 2021 of Gachibowli Police Station, Cyberabad, has already been registered against the petitioners and others, wherein the police have completed investigation and filed charge sheet, which was numbered as C.C.No.5 of 2021 on the file of the I-Senior Civil Judge-cum-Chief Metropolitan Magistrate, Ranga Reddy at L.B.Nagar. It is also stated that in Crime No.40 of 2021 the Police, Nasrullabad Police Station, Kamareddy District, have completed investigation and filed charge sheet before the Chief Judicial Magistrate, Nizamabad vide C.F.R.No.56 of 2021 and, therefore, a direction may be issued to the Chief Judicial Magistrate, Nizamabad, to transfer C.F.R.No.56 of 2021 dated 04.10.2021 to the Court of I-Senior Civil Judge-cum-Chief Metropolitan Magistrate, Ranga Reddy at L.B.Nagar, so as to conduct trial of the same along with C.C.No.5 of 2021. It is further stated that since the investigation in Crime No.183 of 2021 of Ramachandrapuram Police Station, Cyberabad, which was registered against the petitioners and others on similar set of allegations, is pending, a direction may be issued to the Station House Officer, Ramachandrapuram Police Station, Cyberabad Police 4 Commissionerate, to complete the investigation and file a charge sheet before the I-Senior Civil Judge-cum-Chief Metropolitan Magistrate, Ranga Reddy at L.B.Nagar, within a period of one month, to be tried along with C.C.No.5 of 2021. It is also submitted by the learned Counsel for the petitioners that a direction may be issued to the police authorities not to harass the petitioners by registering multiple F.I.R.s against them.
Learned Government Pleader for Home fairly concedes that since the cause in F.I.R.No.40 of 2021 of Nasrullabad Police Station, Kamareddy, F.I.R.No.124 of 2021 of Gachibowli Police Station (numbered as C.C.No.5 of 2021 pending on the file of the I-Senior Civil Judge-cum-Chief Metropolitan Magistrate, Ranga Reddy at L.B.Nagar) and F.I.R.No.183 of 2021 of Ramachandrapuram Police Station, Cyberabad Police Commissioner, is one and the same with regard to multi-level marketing, they can be tried together.
In the light of the submission made by the learned Counsel for the petitioners that if any further complaints for the self-same cause of action or on the similar set of facts are lodged against the petitioners, the truthfulness and genuineness of the same can also be looked into by the police authorities while registering the F.I.R./F.I.Rs.
Having regard to the facts and circumstances of the case and in view of the submissions made by the learned Counsel appearing 5 on either side, I.A.No.6 of 2021 in W.P.No.9573 of 2021 and I.A.No.6 of 2021 in W.P.No.9788 of 2021 are ordered, accordingly.
Accordingly, the Writ Petition No.9573 of 2021 is disposed of, directing the Chief Judicial Magistrate, Nizamabad, to transfer C.F.R.No.56 of 2021 dated 04.10.2021 filed by the Police, Nasrullabad Police Station, Kamareddy District in Crime No.40 of 2021, to the Court of the I-Senior Civil Judge-cum-Chief Metropolitan Magistrate, Ranga Reddy at L.B.Nagar, so as to number the same and to conduct trial of the same along with C.C.No.5 of 2021, pending on its file.
Writ Petition No.9788 of 2021 is also disposed of directing the Station House Officer, Ramachandrapuram Police Station, Cyberabad Police Commissionerate, to complete the investigation in Crime No.183 of 2021 and file charge sheet as early as possible, preferably, within a period of two months from the date of receipt of a copy of this order, before the I-Senior Civil Judge-cum-Chief Metropolitan Magistrate, Ranga Reddy at L.B.Nagar, to be tried along with C.C.No.5 of 2021.
There shall be no order as to costs. Miscellaneous petitions, if any, pending shall stand closed.
____________________ JUSTICE G. SRI DEVI 02.12.2021 Gsn/gkv 6