2017 Supreme(AP) 428

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
A. SHANKAR NARAYANA, J.
Avva Sita Ram Rao alias Seetha Ram & others - Petitioners
Vs.
The State of Andhra Pradesh & another - Respondents
Criminal Petition Nos. 3276, 3277, 3278, 3074, 3075, 3076, 3077, 3078, 3079, 3080, 3099 of 2017
Decided On : 09-10-2017

Headnote:

Code of Criminal Procedure, 1973 - Section 482 - Indian Penal Code 1860 - Sections 406,174,341,420 and 120-B - Andhra Pradesh Protection of Depositors of Financial Establishment Act, 1999 - Section 5 – Dishonour of Cheque - Negotiable Instruments Act, 1881 - Section 141 - Petitioners who are arraigned as accused in Crime of II Town Police Station and Crime to invoke the inherent power under Section of the Code of Criminal Procedure and to quash the First Information Reports in the said crimes - Offences alleged against the petitioners are punishable - Protection of Depositors of Financial Establishment Act - Petitioners in these petitions crime numbers,their status in the array of accused in these crimes, names of the company with which they are associated and the offences alleged against them are projected in a tabular column - Companies and the de facto complainant has deliberately suppressed the same with a malicious intention who arraigned him as an accused in order to arm-twist him to come into his illegal demands - Investigating agency without due application of mind and without conducting preliminary enquiry holding him vicariously liable for the alleged offences on the basis of his former designation in the company and by ignoring the settled principles of law that there is no concept of vicarious liability in the jurisprudence – Held, Court referred to in the above, are sufficient to reject the request of quashment of FIRs pleaded by the petitioners in all these criminal petitions - It is no doubt true - Petitioner in Criminal Petition is concerned though, he claims that he is totally unconnected with the core companies - But investigation is to be completed to unearth his acts in the companies falling under Categories - II and III floated by the core companies - Crimes is scrutinized it is difficult to find that continuation of investigation in these crimes would amount to abuse of process of law, as sought to be viewed by the learned senior counsel in all these criminal petitions more particularly when the financial fraud is the allegation in the present crimes creating a hazard in the financial interest of the society - There is no other option except to reject the requests in all these criminal petitions - Criminal petitions are dismissed.