ORDER :

1. Since the issue involved in both the petitions is almost one and the same, they are being disposed of by way of this common order.

2. Crl.P.Nos.2370 and 2371 of 2021 are filed under Section 482 of Code of Criminal Procedure (for short ‘Cr.P.C’) by the petitioners/accused Nos.1 to 3 to quash proceedings in Crime Nos.218 and 222 of 2021 respectively on the file of Banjara Hills Police Station, Hyderabad. Crime No.218 of 2021 was registered for the offences punishable under Sections 120-B, 409, 420, 467, 468, 471 and 477-A of the INDIAN PENAL CODE , 1870 (for short ‘IPC’) and Crime No.222 of 2021 was registered for the offences punishable under Sections 120-B, 409, 420, 467, 468, 471 and 477-A of the IPC and Section 156 (3) of Cr.P.C.

3. The petitioners in both the criminal petitions are accused Nos.1 to 3 in the said crimes and respondent No.2 in both the criminal petitions is the complainant.

Facts in Crl.P.No.2370 of 2021:

4. The complainant filed an application under Section 156(3) of Cr.P.C. before the III Additional Chief Metropolitan Magistrate, Hyderabad [for short ‘Court below’] seeking direction to the Station House Officer, Banjara Hills Police Station, Hyderabad, to register a case against the petitioners herein for the offences under Sections 120-B read with Sections 409 , 420, 467, 468, 471 and 477-A of IPC and to conduct investigation. Upon the directions given by the Court below, an FIR was registered in Crime No.218 of 2021 for the said offences.

5. The contents of the said FIR would show that accused No.1 is the Chairman [erstwhile Senior Vice Chairman], accused No.2 is the Managing Director and CEO, accused No.3 is the Vice Chairman [erstwhile Chairman] of the A.P.Mahesh Cooperative Urban Bank (for short ‘the Bank’). The complainant is the Secretary of A.P.Mahesh Cooperative Urban Bank Shareholders’ Welfare Association. On 31.10.2020, the Board of management of the Bank had convened a General Body Meeting for conducting elections to the Bank wherein it has been resolved to conduct elections to the bank on 20.12.2020. The accused, who were then board of directors, fearing that if they lost in the elections, a newly elected Board would go into the forensic audit, which would bring to light the grave irregularities done during their tenure, conspired with accused No.4 [Returning Officer] and inducted gold loanees as Ordinary/’A’ class members in the Bank from 02.11.2020 to 13.11.2020 without following due process of law. The accused admitted 920 gold loanees as ‘A’ class members in the Bank. The cut-off date of voters list was 17.11.2020. On 16.11.2020 another 243 gold loanees were made as ‘A’ class members and on the last date i.e., 17.11.2020 further 636 gold loanees were made as ‘A’ class members. In all, 1800 gold loanees were admitted as members from 02.11.2020 to 17.11.2020. The family members of bank employees were also admitted as ‘A’ class members by extending gold loans. This shows the complicity of the Board members with the employees of the bank. Such gold loans were extended to the members even without their physical presence before the bank and without furnishing any security and also without report from the gold appraiser. Further, they were all permitted to participate in the elections process, in collusion with accused No.4 contrary to the Master Circular issued by the Reserve Bank of India, which stipulates that newly inducted members are entitled to vote only after 12 months from the date of their membership. In