At the initial stage, the court must determine whether the complaint discloses the ingredients of a criminal offense, and the correctness of the allegations should be decided in trial.

ORDER :

Kunuru Lakshman, J.

1. Since these criminal petitions arise out of the same crime, they are being disposed of by way this common order.

2. Criminal Petition No. 3839 of 2020 is filed by A1, Criminal Petition No. 4339 of 2020 is filed by A3 to A5 and Criminal Petition No. 4434 of 2020 is filed by A2 under Section 482 of Cr.P.C to quash the proceedings in Crime No. 245 of 2020 pending on the file of Raidurgam Police Station, Cyberabad. A1 has also filed Criminal Petition No. 4356 of 2020 under Section 438 of Cr.P.C to grant anticipatory bail in the very same crime.

3. The offences alleged against the petitioners herein are under Sections - 420, 406, 409, 468, 471 and 506 read with 34 of IPC.

4. Heard Mr. P. Sajan Kumar and Mr. M.V. Subba Reddy, learned counsel for the respective petitioners, Mr. P. Shreyas Reddy, learned counsel for the de facto complainant and the learned Public Prosecutor.

5. The allegations leveled against the petitioners/accused in the complaint dated 05.06.2020 filed by M/s. Divya Sree NSL Infrastructure Pvt. Ltd., de facto complainant, represented by its Chief Financial Officer and the Authorized Representative, Mr. C. Narayana Rao, are as follows:

(i). The de facto complainant company has constructed, developed and owns an SEZ Facility in about Ac. 25s.99 guntas in Raidurgam comprises of several buildings and facilities in SEZ Area (Special Economic Area) has called for bids from the interested vendors to provide various manpower/housekeeping/electrical and repairs. Accordingly, the de facto company has engaged the services of M/s. Cura Facilities (A3) for the period from 2011 to May, 2019, M/s. G.V.R. Facilities (A4) for the period from 2014 to May, 2019, M/s. We Care Facility Services (A5) for the period from 2016 to May, 2019 and Mircom Technologies (A6) for the period from 2016 to May, 2019. The de facto complainant company has issued various work orders to the above said accused vendors for the above said period.

(ii). In the work orders, the de facto complainant company has specifically mentioned the number of workers, type of workers with specific skills for each specified building/facility in the SEZ area. The de facto complainant company has also instructed the accused vendors for proper payments to the workers and their obligations to comply with all related laws, including Employees Provident Fund Act, 1952, Employees State Insurance Act, 1948 and Payments of Wages Act, 1936. As per the work orders, the accused vendors have to make the stipulated monthly payments for each of the workers, deposit the relevant monies with the statutory authorities and also provide necessary, timely reports/documents to the statutory authorities constituted under the employee benefit legislations, such as Regional EPFO and ESIC.

(iii). A1 was appointed as Facilities Manager in the de facto complainant's company vide order dated 01.12.2016 and A2 was appointed as Building Manager in M/s. Divya Sree NSL Orion SEZ Company vide order dated 10.02.2013. A1 and A2 have conspired with the accused vendors, misappropriated and cheated the company's money by showing the workers in less number than those specified under work order, but claiming full payments.

(iv). From February, 2019 onwards, the company installed retina eye/fingerprint attendance systems for the workers. It was found that 30% to 40% of workers were absent and yet the accused vendors claimed payments covering the absentee workers. Thus, the de facto complainant company strongly suspected that the case even prior to the installation of the bio-metric attendance systems at the SEZ. The accused vendors have created fake IDs of the workers and claimed and paid payments for such workers.

(v). On coming to know about the same, the de facto complainant company has lodged the complaint dated 27.07.2019 with SHO, Raidurgam against the accused complaining about the fraud, cheating, criminal misappropriation and criminal breach of trust committed by them. The SHO, in turn