ORDER :

The present writ petitions are filed seeking to declare G.O. Rt. No. 484 dated 07.06.2019 issued by the Home Department, Government of Telangana, order dated 16.09.2019 passed in Crl. M.P. No. 3902 of 2019 in Cr. No. 521 of 2018 attaching the properties of the Petitioners; order dated 04.08.2021 passed in Crl. M.P. No. 282 of 2020 in Cr. No. 521 of 2018 allowing to conduct auction of attached properties as illegal, arbitrary, violative of Article 14 and principles of natural justice and to set aside the said orders and to release the attached properties of the Petitioners.

2. In W.P. Nos. 26069, 26074, 26077, 26094 and 26102 of 2021 an additional prayer was sought to suspend the e-auction supposed to be held on 25.10.2021.

3. Heard Mr. S. Ravi, learned senior counsel representing R.S. Associates, learned counsel for the petitioners in W.P. Nos.24514, 21042 and 24558 of 2021, Mr. J.P. Srikanth, learned counsel representing Mr. N.Ramanadham, learned counsel for the petitioners in W.P. Nos.26069, 26074, 26077, 26094 and 26102 of 2021, learned Government Pleader for Home, Mr. G. Kalyan Chakravarthy, learned Standing counsel for ICICI Bank in W.P.No.26069 of 2021 and Mr. Dishith Bhattacharjee, learned standing counsel for Canara Bank in W.P. No.26074 of 2021.

4. Facts of the Case

(i) All the Petitioners are arraigned as accused in Cr. No. 521 of 2018. The allegations against the Petitioners are that they had established a society and company under the name and style “Sun Mutually Aided Thrift Credit Co-operative Society” and “Sun Pariwar Upadi Management Private Limited” and other sister concerns to cheat innocent and gullible people by inducing them to deposit money. Under the alleged scheme peddled by the Petitioners, the depositors were asked to deposit Rs. 1,00,00/- after which Rs. 6000/- will be paid to them every month till the completion of 25 months. During the 26th month the initial deposit of Rs. 1,00,00/- would be returned to the depositor.

(ii) Believing the scheme to be genuine, people deposited money, but no money was paid. On enquiry the depositors found out that they were cheated. Various cases including Cr. No. 521 of 2018, Cr. No. 624 of 2018, Cr. No. 15 of 2019, Cr. No. 2019 and Cr. No. 100 of 2019 were filed against the accused. All the cases were clubbed and a single charge sheet was field on 12.10.2020 in Cr. No. 521 of 2018. All the accused were charged under Section 420, Section 120 B, Section 168 of the Indian Penal Code, 1860 and Section 5 of the Telangana State Protection of Depositors of Financial Establishments Act, 1999 (hereinafter ‘the Act, 1999’).

(iii) After completing the investigation, the Investigating Officer has filed charge sheet in Crime No.521 of 2018 and the same was taken on file vide C.C. No.1 of 2020.

(iv) During the pendency of the said C.C. the Home (Passports) Department, Government of Telangana issued a G.O. Rt. No. 484 dated 07.06.2019 under Section 3 & Section 5 of the Act, 1999 attaching the properties of ‘Sun Pariwar Group of Companies’ and properties of the Petitioners herein.

(v) In the said G.O. Rt. No. 484, details of the moveable and immovable properties of the Petitioners herein were mentioned for the purpose of attachment. The details of the Petitioners and their properties sought to be attached are stated in the table below.