THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL PETITION No.4800 of 2021

ORDER:

This Criminal Petition is filed seeking to quash the proceedings in C.C.No.3777 of 2021, against petitioner, who has been arrayed as accused No.4 on the file of the learned XII Additional Chief Metropolitan Magistrate at Nampally (Hyderabad) arising out of FIR No.141 of 2020 on the file of PS Central Crime Station, Hyderabad for the offence punishable under Sections 403, 409, 420 read with Section 34 of IPC.

2. The brief facts of the case are that the de facto complainant lodged a report on 01.10.2020 at 11:30 hours, stating that he is the Vice President of Projects & Services of Weiss Technik India Private Limited. He has been authorized by the company for filing the present complaint before the Central Crime Station of Hyderabad. Sometime around, February, 2020, the company was informed about the financial misappropriation and fraud being played on it by some its own employees. Money belonging to the company was being siphoned off in order to make wrongful gains. Pursuant to that revelation, the company initiated an internal investigation into these fraudulent transactions. On investigation, it was revealed that a fraud amounting to approximately Rs.11,44,26,184/- was being committed since the year 2016. Basing on the above information on the fraud and misappropriation, some of the employees (A1 to A8) were the accused persons. Out of which, the petitioner – A4 filed the present Criminal Petition to quash the proceedings against him.

3. Heard the learned counsel for the petitioner, learned counsel for the un-official respondent and the learned Assistant Public Prosecutor.

4. Learned counsel for the petitioner submits that, upon receiving the 41-A notice, the petitioner responded personally to the Assistant Commissioner of Police, Division-E, CCS, Hyderabad on 12.02.2021. However, despite this response, no consideration was given to the petitioner’s explanation, and the charge sheet was filed against him without proper application of mind. The charge sheet does not specify the role of the petitioner in the alleged crime, nor does it clarify the connection between the petitioner (A4) and A1. Given that the charge sheet lacks details about the involvement of the petitioner, he argues that pursuing a trial against him would be unjust. As such sought indulgence of the Court to quash the proceedings in C.C.No.3777 of 2021 against the petitioner –A4.

5. Learned counsel for the un-official respondent submits that a comprehensive investigation has been carried out by the police, revealing serious allegations of misappropriation amounting to Rs.11-45 crore. The evidence, including statements of witnesses recorded under Section 161 of Cr.P.C. strongly indicates the involvement of the petitioner in the crime. Furthermore, the examination of witnesses has already commenced in the trial, and in light of these developments, the learned counsel argues that judicial interference at this stage is unwarranted. Accordingly sought to dismiss the criminal petition.

6. Learned Assistant Public Prosecutor submits that complete facts, merits and applicable legal provisions will emerge only after a thorough trial. Therefore, the indulgence of this Court at the preliminary stage is premature. Accordingly, prays for dismissal of the Criminal Petition and that the matter be allowed to proceed through the normal course of trial.

7. After hearing the learned counsel for the petitioner, un- official respondent and the learned Assistant Public Prosecutor, this Court without making any observations on the merits or demerits of the case, is of the opinion that the trial in C.C.No.3777 of 2021 has already commenced. As such, this Court is not inclined to interfere with the ongoing proceedings before the trial court. The facts and available materials before the trial court shall be examined during the trial, and appropriate orders will be passed accordingly.

8. In the light of the above