Telangana High Court
Lt.Col.A.B.G.Reddy vs The State Of Telangana on 11 October, 2022
Crl.Petition No.10388 of 2018
1
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.10388 OF 2018
ORDER:
This Criminal Petition is filed by the petitioner/Accused No.2 under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking to quash the proceedings pending against him in C.C.No.1169 of 2008 on the file of the VI Additional Chief Metropolitan Magistrate, Nampally at Hyderabad, for the offences punishable under Sections 420 and 406 Indian Penal Code.
2. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor representing the State. Perused the record.
3. Basing on the report lodged by some students, the police of Saifabad Police Station, registered a case in Crime No.62 of 2004 against A1 to A10 for the offences punishable under Sections 406 and 420 of IPC. It is alleged in the charge sheet that the complainant and several others joined as students in the Institute CSRDC-CSRL and USRDO located at Heritage Huda Complex, Hill Fort Road, Adarshanagar, Hyderabad. It is alleged that Mr.Sridhar Dayal (A1) who represented himself to be the Director and Secretary General of Crl.Petition No.10388 of 2018 2 the institution collected huge amounts from them on the pretext of giving them coaching, but no classes were conducted and no faculty tutors were engaged by the institute. It is mentioned in the charge sheet that the students subsequently came to know that the institute is a bogus one.
4. Learned counsel appearing for the petitioner/Accused No.2 submits that no specific allegations are made against the petitioner/A2 either in the complaint or in the charge sheet except showing that the Accused No.2 is the President of the Institution, which was registered in the year 1993. He further submitted that, insofar as the allegation of collecting money from the students is concerned, the entire allegations are made against the non- petitioner/A1 only and, therefore, the proceedings against the petitioner/A2 are liable to be quashed.
5. A perusal of the record would show that absolutely no specific allegations are made against the petitioner/A2 either in the complaint or in the charge sheet, except saying that the non- petitioner/A1 in collusion with A2 to A10 run a bogus institute by collecting huge amounts from the students. All the allegations are made against the non-petitioner/A1. Without there being any specific Crl.Petition No.10388 of 2018 3 allegations either in the complaint or in the charge sheet, the petitioner/A2 cannot be prosecuted for the offences punishable under Sections 420 and 406 IPC and if they are made to face the trial, it is nothing but abuse of process of law. That apart, out of the ten accused charge sheeted, Accused No.4, 5, 7, 8 and 10 filed Criminal Petition Nos.2328 of 2016, 9119 of 2009 and 2331 of 2011, and this Court allowed the said petitions and quashed the proceedings against the Accused Nos.4, 5, 7, 8 and 10 by observing that all the allegations are levelled against Accused No.1 only. In that view of the matter, the proceedings against the petitioner/A2 are liable to be quashed.
6. Accordingly, the Criminal Petition is allowed and the entire proceedings pending against the petitioner/Accused No.2 in C.C.No.1169 of 2008 on the file of VI Additional Chief Metropolitan Magistrate, Nampally at Hyderabad, are hereby quashed.
As a sequel thereto, the miscellaneous applications, if any, pending in the Criminal Petition shall stand closed.
_____________ K.SURENDER, J Date: 11.10.2022 ns