THE HON’BLE SRI JUSTICE E.V.VENUGOPAL

CRIMINAL PETITION No.8113 OF 2021

ORDER:

1 Challenge in this criminal petition is to the order dated 13.09.2012 in taking cognizance of the offences punishable under Sections 120B, 420, 409, 467, 468, 471 and 477A of IPC and registering the same as C.C.No.14 of 2012 against the petitioner and

further prayer to quash the same, qua the petitioner.

2 At the outset it should be mentioned that this Hon’ble Court vide order dated 28.7.2022 allowed the above criminal petition quashing the C.C.No.14 of 2012 pending on the file of the Court of the Principal Special Judge for CBI Cases, Nampally, Hyderabad qua

the petitioner.

3 Challenging the said order of quashment, the respondent – CBI preferred Criminal Appeal No.1818 of 2025 before the Hon’ble Supreme Court of India. The Hon’ble Supreme Court, vide order dated 25.3.2025 allowed the said appeal and remitted the matter to this Court to consider the issue raised on merits and in accordance with law by setting aside the order dated 28.7.2022 passed by this

Court in this criminal petition.

4 Accordingly, this Court once again heard Sri T.Niranjan Reddy, learned senior counsel appearing on behalf of Sri T.Nagarjun Reddy, learned counsel for the petitioner and Mr.Srinivas Kapatia learned Special Public Prosecutor for the respondent / CBI and perused the record.

5 The facts of the case, in brief, are that the Petitioner in this case is M/s.Vanpic Projects Private Limited, represented by its General Manager Mr. P.K.Ravi. The erstwhile High Court of Andhra Pradesh passed order dated 10.08.2011 in W.P.Nos.794 and 6604 of 2011 directing the CBI for registration of a case and conduct investigation into allegations of financial misdeeds involving huge amount of government largesse, corporate dealings including huge investments as part of quid pro quo arrangement for the largesse and for the benefit obtained by the investors from the State of Andhra Pradesh and also in all other aspects. In view of the aforesaid order, CBI, Anti Corruption Bureau (ACB), Hyderabad registered a case being RC 19(A)/2011-CBI-Hyderabad on 17.08.2011 under Sections 120B read with Sections 420, 409 and 477A of the Indian Penal Code, 1860 (IPC) and Section 13 (2) read with Section 13 (1) (c) and (d) of the Prevention of Corruption Act, 1988 (briefly, ‘the P.C.Act’ hereinafter) against Sri Y.S.Jagan Mohan Reddy (Accused No.1) and 73 others.

6 After conclusion of investigation, CBI filed final report under Section 173 Cr.P.C in the form of a charge sheet being C.C.No.9 of 2012 dated 13.08.2012 putting up 14 accused persons to face trial. This included the petitioner as accused No.10, i.e., M/s.Vanpic Projects Pvt. Ltd., represented by its Chairman Sri Nimmagadda Prasad.

7 The Court of Principal Special Judge for CBI Cases, Nampalli, Hyderabad (CBI Court) registered the same as C.C.No.14 of 2012 and took cognizance of the allegations made against the accused persons on 13.09.2012. Insofar the petitioner is concerned, the CBI Court took cognizance of the charge sheet against the petitioner represented by its Chairman – Nimmagadda Prasad as accused No.10 for offences under Sections 120B, 420, 409, 467, 468, 471 and 477A of IPC. Challenging the order dated 13.9.2012, whereby the CBI Court had taken cognizance of the charge sheet filed against him, the petitioner filed Crl.P.No.8113 of 2021 seeking to quash the said Charge sheet against him.

8 Reiterating the contentions already advanced by him in the earlier round of hearing, the learned senior counsel further contended that from a perusal of the final report, statement of witnesses and the connected materials, it is crystal clear that no prima facie case has been made out against the petitioner for any of the alleged offences. Therefore, learned CBI Court fell in error in taking cognizance against the petitioner for the alleged offences under Sections 120B, 420, 409, 467, 468, 471 and 477-A of IPC in a highly mechanical manner de hors the materials