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2. The petitioner No.1 is the husband of the petitioner No.2. The respondent No.6 is the brother of the petitioner No.2 and brother-in-law of petitioner No.1. It is the case of the petitioners that on the request of respondent No.6, petitioner No.1 has joined in M/s. Taashee Linux Services as partner and partnership deed was executed on 19.05.2016 by paying Rs.50 lakhs which was mutually agreed upon. It is further case of the petitioners that partnership deed was signed by all the partners and the same was certified from Registrar of Companies. It is the case of the petitioners that petitioner No.1 is major shareholder in the said firm and the firm was converted into a Private Limited Company on 06.05.2020 as the Private Limited Company will have a better opportunity of growing business and thereby the erstwhile Partnership Firm M/s.Taashee Linux Services was converted into M/s. Taashee Linux Services Private Limited Company and a Board Resolution to that effect was passed on 24.02.2020. An Articles of Association [AOA] and Memorandum of Association [MoA] was drawn up and executed for the same purpose and the names of respondent No.6 and petitioner No.1 were recorded as First Directors of the Company and the same has been filed with the Registrar of Companies, Ministry of Corporate Affairs, Government of India. Out of total 50,00,000 Shares of M/s.Taashee Linux Services Private Limited, the petitioner No.1 was holding 35,00,000 i.e, 70% shares, Respondent No.6 was holding 5,00,000 i.e, 10% Shares and Manoj Nisha was holding 10,00,000 i.e., 20%. Further, the Income Tax Returns of erstwhile Firm M/s. Taashee Linux Services for the Assessment Years 2017- 18, 2018-19, 2019-20, and 2020-21 including Profit & Loss Account, and Balance Sheets signed by all Partners duly filed with Income Tax Department, establishes that the petitioner No.1 is holding 70% i.e., 35,00,000 Shares. It is further case of the petitioners that respondent No.6 overrated the company profit and valuation at the time when the petitioner No.1 was inducted as Director of the Company and with a malafide intention wrongly inflated numbers and shown the turnover as 48 crores but the actual turnover was 28 crores and the said fact was concealed by the respondent No.6. When the petitioner No.1 confronted the respondent No.6 about wrongly inflating numbers and demanded to repay Rs.2 crores which was loaned by the petitioner No.1 to respondent No.6, the respondent No.6 agitated about it and threatened the petitioner No.1 with dire consequences. It is further case of the petitioners that they are settled in Dubai and their children are studying there, and the petitioner No.1 will frequently visit Dubai and taking advantage of his absence and while he was stuck up in Dubai due to Pandemic and travel ban, the Respondent No.6 approached con firms i.e., La Mintage Consulting LL.P and La Mintage Legal claiming themselves as Law Firm managed by non-advocate named Moksha Kalyanram Abhiramula orchestrated conspiracy against the petitioner No.1 and started sending legal notices without Advocate's name merely stating his mobile number representing himself before the Courts and Police authorities as an Advocate, removed Computer Hard-Drives containing financial data from the Company, coerced employees to handover Company Letter Heads and Company round seals and stamps purpose better known to Respondent No.6 and his accomplice. Further, the Respondent No.6 has moved Tally Data out of Company premises on the pretext of Forensic Audit without the petitioner No.1's approval as he being a major shareholder in the Company. Having come to know about the involvement of respondent No.6 to the adverse interest of the company and having realized that he has been cheated in the hands of respondent No.6, the petitioner No.1 has approached Panjagutta Police Station through his G.P.A and lodged a complaint but the police refused to take complaint and so the petitioner No.1 through his GPA filed a private complaint on the file of XIV Addl. Chief Metropolitan Magistrate vide S.R. No. 2765/2021 and the same was registered as a case in Crime No.343/2021 on 28.07.2021 in Panjagutta Police Station for the offences under Sections 220B, 386, 420, 406, 506 of IPC and Sections 66, 66D and 66E of Information Technology Act. However, the-then Investigating Officer of Panjagutta Police Station colluded with Respondent No.6 and his accomplice and closed the complaint stating as "Lack of Evidence". It is further case of the petitioners that the petitioner No.1 also filed a private complaint on the file of XIV Addl. Chief Metropolitan Magistrate, Hyderabad vide S.R. No. 2588/2021 and the same was registered as a case in Crime No.594/2021 dated 10.07.2021 on the file of K.P.H.B Colony Police Station, Cyberabad for the offences under Sections 420 and 406 of IPC, against Respondent No.6 for fraudulently cheating him for Rs.2 Crores. However, the Investigating Officer without issuing any notice as required under Section 91 Cr.P.C has closed the complaint of the petitioner as "Civil in Nature".

4. It is further case of the petitioners that Respondent No.6 has filed multiple counterblast cases against the petitioners and their daughter by approaching the XIV Addl. Chief Metropolitan Magistrate, at Nampally vide S.R.No.2795/2021 dated 23.07.2021 and the same was registered as a case in Crime No.354/2021 dt.03.08.2021 and Crime No.382/2021 dated 14.08.2021 on the file of Panjagutta Police Station. It is further case of the petitioners that the police without giving any opportunity to the petitioners have closed their complaint i.e, Crime No.343/2021 whereas on the complaint lodged by respondent No.6, they have registered cases in Crime Nos.354/2021 and 382/2021 and filed charge sheets. It is further case of the petitioners that petitioner No.1, on coming to know about registration of cases against him and his family, rushed to India and tried to enter the Company to secure his belongings and sensitive documents but the Respondent No.6 with the help of his accomplice & henchmen has revoked petitioner No.1's entry gate pass card barring entry in the company and physically restrained the petitioner No.1 from entering the company. Further, Respondent No.6 conducted an illegal alleged EGM unilaterally and removed the petitioner No.1 as Director and appointed his accomplice namely Moksha Kalyanram Abhiramula and his parents as Directors. Challenging the same, the petitioner No.1 filed a Company Petition C.P.No.47/2021 along with I.A.No.13/2021 on the file of National Company Law Tribunal (NCLT), Hyderabad, wherein the Respondent No.6 has filed a Counter Company Petition C,P.No.49/2021 and they are pending on the file of NCLT, Hyderabad. It is further case of the petitioners that aggrieved by the biased investigation of the Investigating Officer of Panjagutta Police Station, the petitioner No.1 approached the Office of Deputy Commissioner of Police, West Zone, Hyderabad on 19.03.2022 and after reviewing material facts and evidence, Deputy Commissioner of Police, vide letter No. HW-8/RTI- Act/4537/2022 dated 23.08.2022 has directed the Panjagutta Police Station to reopen cases which were deliberately concealed by the Respondent No.6 in his complaint. It is further case of the petitioners that on verification of the Company Petition C.P.No.49/2021 filed by respondent No.6 on the file of NCLT, Hyderabad, the petitioner No.1 came to know that the Respondent No.6 illegally transferred 35,00,000 Shares of petitioner No.1 by forging his signatures on backdated Form SH-1 (Share Certificate) and Form SH-4 (Security Transfer Form) and on many other Documents i.e., Memorandum of Association, Partnership Deed, 2018 and Balance Sheets. The Respondent No.6 immediately took Board of Directors approval unjustly and increased Shares from 5,00,000 to 55,00,000 and the Directors are none other than his parents and accomplice appointed solely to execute his conspiracy without any justification as to how 5,00,000 of his shares are increased to 55,00,000 shares although he had only 10% Profit Sharing Ratio between the years 2017 and 2021. It is further case of the petitioners that the Memorandum of Association submitted to Registrar of Companies, along with Form URC-1 at the time of conversion of Partnership Firm to Private Limited clearly shows in Part V, that the paid-up Capital is Rs.5,00,00,000 (Rupees Five Crore) divided into 50,00,000 Equity Shares (Fifty Lakhs) of Rs.10/-. So as in Form URC-1, "Serial No. 5 (a) Number of shares taken up to date-Equity 50,00,000". Thus, the question of Respondent No.6 holding 55,00,000 Shares of Rs.10/- each doesn't arise and M/s. Taashee Linux Services Private Limited never allotted 55,00,000 Shares to Respondent No.6. It is further case of the petitioners that the petitioner No.1 lodged a complaint on the file of CCS, Hyderabad on 14.01.2022 along with Certified copies of supporting documents that his signatures are forged on valuable securities i.e, Share Certificates (Form SH-1), Security Transfer Form (SH-4), Partnership Deed, 2018 and other valuable documents and Respondent No.6 in collusion with other Accused illegally transferred his Shares. After thorough preliminary investigation, the said complaint was registered as a case in Crime No.35 of 2022 dated 19.02.2022 for the offences under Sections 420, 406, 467, 468, 471 r/w 34 I.P.C. Even after recording the statements, the-then Investigating Officer, has not properly conducted investigation in the said case and the petitioners approached higher authorities. In retaliation, the Respondent No.6 colluded with the-then Investigating Officer, WCO Team-XI, CCS, DD, Hyderabad and filed the present counterblast case vide Cr.No.190/2022 dated 15.09.2022 against the petitioners.

6. A counter affidavit has been filed by the respondent No.5, wherein inter alia it is stated that on 15.09.2022 at 18.45 hours, a complaint was received from respondent No.6-Managing Director of M/s. Taashee Linux Services Private Limited, in which it is stated that respondent No.6 started a partnership firm along with Manoj Kumar Garg under the name and style "M/s. Taashee Linux Services" on 27.04.2008; that linux is an operating system used in security systems by NIC (National Informatics Center) and Banks; that in early 2016 respondent No.6 identified that his partner Manoj Garg cheated him and as such he approached his sister- petitioner No.2 and brother-in-law-petitioner No.1 and the (2014) 8 SCC 273 petitioner No.2 suggested the respondent No.6 to induct the petitioner No.1 as partner in his company to manage accounting and finance; that obliging the suggestion of petitioner No.2, the petitioner No.1 was taken as partner and an unregistered partnership deed was entered on 19.05.2016 and the petitioner No.1 was given incharge of accounting and finance and the petitioner No.1 was also given sole authorization to transact with all banks i.e., signing of cheques and bank transfers; and that taking advantage of his post, the petitioner No.1 created bogus creditors and vendors, fake service agreements and re-routed money from firm account to their accounts. The respondent No.5 stated that thus the accused persons along with 12 others cheated the complainant to the tune of about Rs.72 Crores. Further A.1 to A14 have created false documents/electronic records & affixed electronic signatures, used false documents/notices as genuine, counterfeit TLSPL official company seal, certified false resolutions/documents to be true and correct, sworn false affidavits, forged official documents and signatures, manipulated key corporate information, defamed, caused irreparable reputation and goodwill loss to the complainant, TLSPL and its stakeholders. Hence the complainant requested for necessary action. As per the contents of the complaint, a case in Cr.No.190/2022 was registered for the offences under Sections 406, 420, 465, 468, 471 r/w 34 IPC of CCS, DD, Hyderabad and during the course of investigation, complainant and other witnesses were examined and relevant documents pertaining to financial transactions between the complainant and accused persons and ROC documents pertaining to complainant company were collected and LOC was issued against petitioners/A-1 and A-2 vide LOC Suspect Nos.2251880 and 2251881 dated 26-12-2022 of No.1/SIC(ACK)/ LOC/2022-16025 of Bureau of Immigration (Ministry of Home Affairs), Government of India as the petitioners/A-1 and A-2 were residing in Dubai. It is further stated that while the investigation was in progress, on 17.01.2023 A-1 and A-2 were detained at Rajeev Gandhi International Airport (RGIA). Hyderabad due to LOC. It is further stated that A-1 and A-2 were thoroughly interrogated wherein the police came to know that already two cases were registered against them and others in Panjagutta Police station and those cases are pending on the file of XIV Addl. Chief Metropolitan Magistrate, at Nampally, Hyderabad, vide C.C.No.14111 of 2021 and C.C.No.1846 of 2022 respectively. It is further stated that after completion of investigation, case was charged on 21.07.2023 on the file of XII Additional Chief Metropolitan Magistrate, at Nampally, Hyderabad vide SR No.7574/2023 and the C.C number is awaited and prayed this Court to dismiss the writ petition.

7. A counter affidavit has been filed by the respondent No.6, wherein inter alia it is stated that by virtue of the interim orders dated 28.02.2023 passed in I.A.No.1/2023 in W.P.No.3004/2023, the petitioners were allowed to visit their daughters, who were preparing for their exams and the said exams held from 14-03- 2023 to 24-03-2023. It is stated in the counter affidavit that now, the earlier purpose is satisfied and the present ground for which travel permission is sought for, is that their minor daughter namely, Anushka Lakhanpal has developed psychological issues but the respondent No.6 denied the same as false and baseless and stated that an emotional issue is sought to be created for obtaining favorable order. It is further stated that petitioners are aware that they are prime accused in CC No.1846/2022 on the file of XIV Addl. Chief Metropolitan Magistrate at Nampally, Hyderabad and facing serious charges. It is also stated that the petitioners are also prime accused in C.C No.14111/2021 on the file of XIV Addl. Chief Metropolitan Magistrate at Nampally, Hyderabad for offence of illegally siphoning the funds of the M/s. Taashee Linux Services Private Limited (Formerly known as M/s. Taashee Linux Services) amounting to Rs.71,74,57,511.82 (Rupees Seventy one crores seventy four lakhs fifty seven thousand five hundred and eleven and eighty two paisa only). It is further stated that the petitioners are aware of the pendency of criminal cases against them and they avoided receipt of summons only to delay trial despite being forced to be in India on account of passport seizure. It is further stated that the petitioner No.1 in active participation with petitioner No. 2, has falsely created an entity M/s.Taashee Linux Services LLC Dubai, raised and created fake invoices, diverted more than 12 crores of foreign funds and has filed false affidavits and false complaints to create multiple litigation. The said crime is under investigation by CCS vide Crime No.190/2022. The passports are seized in this crime and the petitioners physical presence is required since the investigation is completed and the petitioner No.1 is charged as A-1. The petitioner No.1 is not revealing information pertaining to A-3, A-4, A-7, A-8, A-9 who are currently absconding. Therefore, if the petitioners are allowed to leave the country they may flee away leading to pending of trial in the criminal cases and prayed this Court to dismiss the writ petition.