Disposed

G.Chennaparaju Kurnool District and 2 Others v. Magham Padmaeshkumar Nandyal Town and Anr. Rep. by Pp. Hyd

Telangana HC25 Apr 2013CRLP/13396/2010

Case brief

AI extract

What is this about?

The High Court disposed of criminal petitions filed to quash proceedings. Petitioners sought withdrawal with liberty to recall non-bailable warrants. The court rejected the withdrawal request and granted liberty to file suitable applications for recalling N.B.Ws before the appropriate court.

What did the court decide?

Leave and liberty to file suitable applications for recalling N.B.Ws before the appropriate Court.

G.Chennaparaju Kurnool District and 2… — Contract and Commercial Disputes | Telangana HC (2013)

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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

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Thursday, the 25^th day of April, Two Thousand and Thirteen

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PRESENT

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HON'BLE SRI JUSTICE C. PRAVEEN KUMAR

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CRIMINAL PETITION Nos.13381, 13394 and 13396 of 2010

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Between:

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G.Chennaparaju and others

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… Petitioners

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And

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Magham Padmeshkumar and another

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… Respondents

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This Court made the following:

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HON'BLE SRI JUSTICE C. PRAVEEN KUMAR

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CRIMINAL PETITION Nos.13381, 13396 and 13394 of 2010

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COMMON ORDER:-

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These criminal petitions are filed under Section 482 Cr.P.C. to quash the proceedings in C.C.No.3 of 2009, 3 of 2009 and 4 of 2010 on the file of Principal District & Sessions Judge, Kurnool

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respectively.

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A charge sheet was filed against the petitioners/A1 to A6 for offences punishable under Section 420 IPC and Section 5 of A.P.Protection of depositors of Financial Establishment Act, 1999 and Sections 3 to 5 of the Prized Chits and Money Circulation Scheme Act, 1978. It is alleged in the charge sheet that prior to 02.12.2005 at Sanjeevanagar, Nandyal town, A1 and A2 started Sun ‘N’ India Multi Level Marketing Private Limited by promising the public that they will supply the products of the company with good financial benefits for the depositors, and collected the deposited amount from the complainant and also collected huge amounts from the public by promising that they will give share in the company. Subsequently, the accused are alleged to have closed the company without returning the amount collected. Basing on the report lodged by L.W.1, a case in Crime No.174 of 2005 under Section 420 IPC of Nandyal II Town P.S. was registered against the petitioners. Subsequently, the police investigated the matter and filed the charge sheet.

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Though notice is served on the respondent, there was no representation on his behalf.

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After arguing the matter for some time, learned counsel for the petitioners seeks permission to withdraw the criminal petitions with a liberty to file an application for discharge under Section 239 Cr.P.C. It is represented by the learned counsel for the petitioners that N.B.Ws are pending against A1, A2, A4 and A5 and they undertake to appear before the Principal District and Sessions Judge, Kurnool on the next date of hearing and file an application to recall N.B.W. He seeks indulgence of this Court to pass an order recalling N.B.Ws.

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Rejecting the request, the Criminal Petitions are disposed of giving leave and liberty to the petitioners to file suitable applications for recalling N.B.Ws before the appropriate Court and the same shall be considered in accordance with law.

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_________________________ C. PRAVEEN KUMAR. J

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25.04.2013 lmv.

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HON'BLE SRI JUSTICE C. PRAVEEN KUMAR

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CRIMINAL PETITION Nos.13381, 13394 and 13396 of 2010

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25.04.2013

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lmv