THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.13070 of 2025

ORDER:

This criminal petition is filed seeking to quash the proceedings in C.C.No.08 of 2022 against the petitioner-Accused No.2 on the file of the Metropolitan Sessions Judge, at Hyderabad, for the offences under Section 406, 420 read with 34 of the Indian Penal Code, 1860 and Section 5 of the Telangana Protection of Depositors of Financial Establishments Act, 1999.

2. Heard Sri C.V.Srinath, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor for the respondent No.1-State.

3. Learned counsel for the petitioner submitted that the petitioner has no way concerned with the alleged chit fund business carried on by accused No. 1. He further submitted that the petitioner has never been involved in the said business, has never demanded or received any amount, nor is he responsible for the repayment of any such amount. He further submitted that merely because he is the brother of accused No. 1, he cannot be falsely implicated in the present case. Therefore, he prayed to quash the proceedings against the petitioner.

4. On the other hand, the learned Additional Public Prosecutor submitted that the day-to-day involvement of accused No. 2 was revealed during the course of investigation and that the accused persons were found to be collecting amounts for running the chit fund. Hence, he prayed to dismiss the petition.

5. Perused the record. The recitals of the charge sheet indicates that there are allegations attracting the offences under Sections 406 and 420 read with Section 34 of the IPC and Section 5 of the TSPDFE Act against the petitioner herein. The truth or otherwise of these allegations shall be a matter for trial. Though the learned counsel for the petitioner contends that Sections 406 and 420 of the IPC cannot stand together, it is only after a full-fledged trial that it can be determined whether the allegations attract Section 406 or Section 420 of the IPC. Hence, this is not a fit case to quash the proceedings against the petitioner. Therefore, the learned Magistrate is directed to complete the trial at the earliest. However, the attendance of the petitioner/accused No.2 is dispensed with before the trial Court, unless his presence is specifically required during the course of trial, provided that he shall be represented by his counsel on every date of hearing.

6. Accordingly, this Criminal Petition is disposed of.

Miscellaneous Petitions pending, if any, shall stand closed.

____________________________ JUSTICE TIRUMALA DEVI EADA Dated: 13.10.2025 gv THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.13070 of 2025 Dated: 13.10.2025 gv