JUDGMENT

K. Lakshman, J. - This petition is filed under Section 482 Cr.P.C., to quash the complaint in Crime No.601 of 2020 pending on the file of KPHB Colony Police Station, Cyberabad district. The petitioners are accused in the said crime. The offences alleged against the petitioners are under Sections 406, 418 and 420 of IPC.

2. Heard Sri B.Adi Narayana Rao, learned Senior Counsel representing Sri Srinivasa Rao Bodduluri, learned counsel for the petitioners, Sri Pattabhi Vemulapati, learned counsel representing Sri Rambabu, learned counsel for the respondent Nos.2 and 3 and learned Public Prosecutor for the respondent No.1-State. Perused the record.

3. Contentions of the petitioners in the memorandum of Criminal Petition are:

(i). The contents of the complaint lacks ingredients of the offences alleged against the petitioners herein.

(ii). There is alternative dispute resolution mechanism in the Bye-laws of the 1st petitioner-Bellazza Apartments Owners Welfare Association (for short, 1st petitioner Association') and the respondent Nos.2 and 3 without availing the said alternative mechanism, filed the present complaint with the above said police, who in turn registered a case in Cr.No.601 of 2020 for the above said offences.

(iii). The police have no power to investigate into the allegations made in the complaint since they are intra Management Committee of the 1st petitioner Association.

(iv). There was amendment to the Bye-laws of the respondents Society and the same was intimated to the Registrar concerned. As per Section 8(5) of the A.P. Societies Registration Act, 2001(for short, 'the Act'), there is no need to register the amended Bye-laws and mere intimation of the same to the Registrar is sufficient.

(v). With regard to the applicability of the Bye-laws including the amended Bye-laws, the same cannot be gone into by the police while conducting investigation in the present crime No.601 of 2020.

(vi). The intra-Management Committee disputes have to be decided by the District Judge under Section 23 of the Act.

(vii). Out of 362 Members, 240 Members have attended the General Body Meeting and the attendees of the said meeting have ratified the resolutions taken by the Managing Committee. 95% of the attendees of the General Body Meeting have ratified the actions of the Managing Committee including certain payments.

(viii). Some of the Members have filed O.P.No.2 of 2020 before the XV Additional District & Sessions Judge, Kukatpally, seeking to declare the resolutions passed by General Body, dated 24.03.2019, 14.12.2019 and 09.08.2020 as null and void and they have also filed two Interlocutory Applications seeking to appoint Receiver and to conduct audit by third parties. Arguments were advanced in the said Interlocutory Applications and the XV Additional District & Sessions Judge and Sessions Judge, Kukatpally has already reserved the said two applications for orders.

(ix). 175 Members have filed their affidavits in the said O.P.No.2 of 2020 stating that the impugned resolutions were all passed duly by the General Body and the Managing Committee has been doing excellent work in the past and also the above case filed by the petitioners therein is only to cause avoidable disturbance in the affairs of the said Society. Without waiting for the outcome of the said Interlocutory Applications and also the O.P.No.2 of 2020, the respondent Nos.2 and 3 herein have lodged the present complaint with a mala fide intention to harass the petitioners herein.

(x). The learned Senior Counsel has referred several provisions of the Bye-laws of the said Association and would contend that it is a matter to be adjudicated by the civil Court under Section 23 of the Act but not by the Police. Learned Senior Counsel has referred the letter dated 31.03.2019 submitted by the Deputy Manager (Facilities) of the 1st petitioner Association complaining about the illegal acts of Mrs. Padmaja Reddy, Deputy Commissioner of Police (DCP), w/o Mr. Kalyan Reddy, t