THE HONOURABLE SMT JUSTICE JUVVADI SRIDEVI CRIMINAL PETITION No.11908 OF 2023

O R D E R

This Criminal Petition is filed by the petitioners, who are arrayed as the accused Nos.1 to 6, seeking to quash the criminal proceedings initiated in C.C.No.797 of 2022 vide impugned cognizance order dated 27.04.2022 passed in Criminal Miscellaneous Petition No.59 of 2022 in Crime No.159 of 2019 on the file of the learned III Additional Judicial Magistrate of First Class-cum-III Additional Junior Civil Judge, Khammam.

02. Heard Sri Dammalapati Srinivas, learned Senior Counsel representing Pillix Law Firm, appearing on behalf of the petitioners; Smt.S.Madhavi, learned Assistant Public Prosecutor appearing for the State-respondent No.1; and Sri M.V.Hanumantha Rao, learned counsel appearing for the unofficial respondent No.2. Perused the record.

03(a). In brief, the case of the complainant-respondent No.2 is that she is a practicing Advocate and her husband runs a book stall and bookbinding business and they are blessed with three children. The complainant’s family consists of her father Pulipati Narisimha Rao, her mother Bharathi, elder brother Pulipati Prasad i.e. the petitioner- accused No.1, and younger sister Khaja Krishna Veni, who is settled in the United States. The complainant and her family members jointly own certain properties situated at Thanikella Revenue Village of Chinthakani Mandal and Kesavapuram Village of Kusumanchi Mandal.

03(b). In the year 1997, the petitioner-accused No.1 initiated a series of educational societies with the active participation and joint investment of family members. The said societies include: Sri Sri China Jeeyar Swamy Educational Society, Sri Balaji Educational Society, Sri Sairam Educational Society, Sri Sai Durga Balaji Health & Educational Welfare Society, Poulomi Educational Society, Hyderabad, wherein the complainant, her parents, her sister, and other extended relatives were designated as office bearers in various capacities including President, Secretary, Treasurer, Joint Secretary, and Executive Members.

03(c). It is alleged that the petitioner-accused No.1 assumed unilateral control over all the said educational institutions and he failed to convene general body meetings, did not present or maintain transparent accounts, and misappropriated society funds. Further, he was alleged to have diverted the profits from these jointly invested institutions for the purchase of properties in the names of his wife and children, without the knowledge or consent of the other stakeholders.

03(d). It is further alleged that under the pretext of processing salary payments for employees of the societies, the petitioner-accused No.1 procured blank cheques bearing signatures from the complainant and other family members. These cheques were later misused, and false cases under Section 138 of the Negotiable Instruments Act were instituted against the complainant and her family in various states across India.

03(e). Further, it is alleged that the petitioner-accused No.1 forged the signatures of the complainant and her family members and falsely submitted notarised documents before the Registrar of Societies, Hyderabad, purporting their voluntary resignation from various posts held in the societies. The forged documents were later verified by Truth Labs, Hyderabad, and a forensic report dated 14.08.2014 confirmed that the signatures were not genuine. Based on these allegations, the complainant lodged criminal complaints before Khammam III Town Police Station which is presently under adjudication before the III Additional Judicial First Class Magistrate, Khammam, Medipally Police Station, Hyderabad pending before the III Additional Metropolitan Magistrate, L.B. Nagar, Hyderabad.

03(f). It is further alleged that the petitioner-accused No.1, upon being questioned regarding financial transparency and governance, distanced himself from the complainant and her family and, in retaliation, filed false criminal cases, including