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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY,THE TWENTIETH DAY OF JUNE TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN CRIMINAL PETITION NO: 6782 oF 2019 Between:

A.Sreenivasa Reddy, S/o.Late Sri ail Reddy, Aged 54 about years, Occ Assistant General Manager, SBl, Rlo.17-1-397 fi 162A, Saraswathimegar, Saidabad, Hyderabad, Telangana-500059.

...PETITIONER/ACCUSED No.2 AND Rakesh Sharma, General Manage(MC), State Bank of lndia, Local Head Office, Koti, Hyderabad. .. Respondent / Defacto Complainant

2 Central Bureau of Investigition, Rep. by Special Public Prosecutor, High Courl Hyderabad. , Bank Securities and Frauds Cell, No.36 Bellary Roat, 2nd Floor' Gansanaga r' u'

"n"l:'fita'ioN DENT/ RES poN DENT Petition under Sectlon 482 of Cr.P.C praying that in the circumstances stated in the lv4emorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings against the petitioner/A2 in CC No.17 of 2015 pursuant to the charge sheet in FIR No. RC-6(Ey2013 pertaining to offences punishable U/ s.120(B) rlw 420,468 and 471 PC on the file of The Hon'bleSpeciat Judge for CBI Cases at Hyderabad.

l.A. NO: 2 OF 2019 Petrtion under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased to grant Stay of all further proceedings against the petitioner/A2 in CC No.17 of 2015, including dispensing with appearance; pursuant to the charge sheet in FIR No. RC-6(E) /2013 pertaining to offences punishable U/s.120(B) r/w &

420,468 471 IPC on the file of The Hon'ble Special Judge for CBI cases at Hyderabad, pending disposal of the above Criminal Petition.

This Petition coming on for hearing, upon perusing the lvlemorandum of Grounds of Criminal Petition and upon hearing the arguments of Smt. B. RACHNA ,Advocate for the Petitioner and M/s. Pearl Law Associates, Sri A.B. Ganga Reddy, Learned counsel for the '1st Respondent and the Special Public Prosecutor for CBI on behalf of the Respondent No.2

.

The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K. LAKSHMAN CRIMINAL PETITION No.6782 OF 2019 ORDER:

This Criminal Petition is filed under Section - 482 of the Code of Criminal Procedure, 1973 (for short, 'the Cr.P.C.') to quash the proceedings in C.C.No.17 of 20i5 pending on the file of Special Judge for CBI Cases at Hyderabad. The petitioner is A.2 in the said case. The offences alleged against him are under Sections 420,468 and 471 read with 120-8 of IPC and under Section 13(2) read with 13(1) (d) of the Prevention of Correction Act, 1988 ( for short, 'the PC Act').

2. Heard Smt. B.Rachana Reddy, learned counsel for the petitioner, IWs. Pearl Law Associates, leamed counsel for the "

I respondent and leamed Special Public Prosecutor for CBI appearing for the 2nd respondent. Perused the record.

3. It is relevant to note that on the complaint lodged by the 1"

respondent,2nd respondent has registered a case in Cr.No.6 of2013 for the aforesaid offences. Vide proceedings dated 13.02.2015, the l'1 respondent has refused to accord permission to prosecute the petitioner herin/A.2 under the provisions of the PC Act. Thereafter, vide proceedings dated 1.04.2015, the l't respondent has reviewed its earlier \

the petittoner to prosecute sanction and accorded order dated 13'02'2015 under the PC Act'

herein under the Provisions herein has

4. It ls aiso relevant to note that the Petitloner by way of filing a rvrtt dated 11'04'2015 the proceedings questioned Cout' r'ide order dated of 2016' This vide W'P'No' 3329'7 petition l1'04'2015 The 2"'r dated set aside the said proceedings

30.10.2018 passed in the said order dated 30'10'2018 has challenged respondent vide in Writ Appeal Single Judge of 2016 by the learned W.P.No.33297 vide order dated Bench'

of 2019 and the Division W.A'No.119 said appeal on the ground that the mafter rs dismissedthe

15.07.2019, would not lie against appeai intra-court in nature and therefore cri

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