Dismissed

Shanmuga Vadivelu v. the State of A.P. and Another

Telangana HC4 Mar 2020CRLRC/1432/2009

Case brief

AI extract

What is this about?

This common order dismissed six criminal revision petitions filed under sections 397 and 401 CrPC challenging the rejection of petitions for discharge as alleged company directors. The court held that the factual dispute regarding the timing of resignation is residual fact to be adjudicated during the undertrial and thus the revision lacked merit.

What did the court decide?

The Criminal Revision Cases were dismissed with no costs awarded.

Shanmuga Vadivelu Vs the State of A.P. and… — Civil Procedure and Limitation | Telangana HC (2020)

¶1

HIGH COURT FOR THE^{STATEOF TELANGANA} AT HYDERABAD

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WEDNESDAY, THE FOURTH DAY OF^MARCH TWO THOUSAND AND TWENTY

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PRESENT

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THE HON'BLE SRIJUSTICE CHALLA KODANDA^RAM

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CRIMINAL REVISION CASE NOS: 1432 1433 1434 1435 1436 AND 1437 0F 2009

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cRLRC.NO.1432 0F 2009:

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Criminal Revision Case Under Section 397 & 40'1 Cr.P.C. against the Judgmentⁱⁿ Crl.lV.P.No.957 of 2009 in C.C.No.549 of 2002, dated 22.07.2009 on the file of the Court of the Xl Additional Chief Metropolitan lt/agistrate, Secunderabad.

¶8

Between:

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Shanmuga Vadivelu, S/o. Late Vidyanathan

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.,. PETITION ER/A2

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AND

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1 The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of A.P., Hyderabad.

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.) Reserve Bank of lndia, rep. by Asst. General Manager, Department of Non banking supervision' RBI' Hyderabad ...RESpoNDENrs

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CRLRCMP. NO: 1975 OF 2009

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Pelition under Section 482 of Cr.P.C praying that in the circumstances stated in the [/emorandum of Grounds of Criminal Revision Case, the High Court may be pleased to grant stay of all further proceedings including appearance of the accused No.2 in C.C.No.549 of 2002 on the file of Xl Addl. Chief Metropolitan Magistrate at Secunderabad, pending disposal of the above Crl.R.C.

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cRLRC.NO.1433 0F 2009:

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Criminal Revision Case Under Section 397 & 401 Cr.P.C. against the Judgment in Crl.M.P.No.954 of 2009 in C.C.No.S4B oI 2002, daled 22.07.2009 on the file of the Court of the Xl Additional Chief Metropolitan Magistrate, Secunderabad.

¶18

Between:

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Champa Kumar, S/o, H.N. Shanmanna

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.PETITIONER/A12

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AND

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1 The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of A.P., Hyderabad.

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2 Reserve Bank of lndia, rep. by Asst. General Manager, Department of Non banking Supervision, RBl, Hyderabad. ..RESPONOENTS

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CRLRCMP NO:^'1976 OF 2009

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Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Revision Case, the High Court may be pleased to grant stay of all further proceedings including appearance of the accused No.12 in C.C.No.54B of 2OO2 on the file of Xl Addl. Chief Metropolitan Magistrate at Secunderabad, pending disposal of the above Crl.R.C.

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cRLRC.NO.1434 rt) r 2009:

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Criminal Revision^(lase Under Section 397 & 401 Cr.P.C. against the Judgment in Crl.M.P.No.953 of .2009 in C.C.No.547 ot 2002, dated 22.(t7.2tl0g on the file of the Court of the Xl Additional Chief Metropolitan Magistrate, Secundeabad.

¶28

Between:

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Champa Kunrar, S/o. H.N. Shanmanna

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PETITIONER/A12

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AND

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The State of ,\ndhra Pradesh, Rep. by its Public Prosec:utor, High Court of A.P., Hyderabad.

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Reserve Ban < of lndia, rep. by Asst. General Manager. Deprartment of Non banking Sup::rvision, RBl, Hyderabad.

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...RESPONDENTS

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CRLRCMP. NO: 1(l^{/ /} OF 2009

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Petition und€,r Section 482 o'f Cr.P.C praying that in ihe :ircumstances stated in the Memorandunl of Grounds of Criminal Revision Case, th,-. High Court may be pleased to grant stay of all further proceedings including appearance of the accused No.12 in C.C.No.547 ot 2002 on the file of Xl Addl. Chief tVetrc,politan Magistrate at Secunderabad, pending disposal of the above Crl.R.C.

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CRLRC.NO.l 435 e,!: ?Elg:

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Criminal Revision^(lase Under Section 397 & 401 Cr.P.C. against the Judgment in Crl.M.P.No.955 of i2009 in C.C.No.548 of 2002, dated 22.07.2A09 on the file of the Court of the Xl Addi. onal Chief Metropolitan Magistrate, Securrderebad.

¶39

Between:

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Shanmuga Vadivelu, S/o. Late Vidyanatham

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...PETITION ER/A2

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AND

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The State of ,t,ndhra Pradesh, Rep. by its Public Prosec rtor High Court of A.P., Hyderabad.

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Reserve Bank of lndia, rep. by Asst. General [/anager, l)epartment of Non banking Supe,rrision, RBl, Hyderabad.

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...RES'.NDENTS

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CRLRCMP. NO: 13²⁸ OF 2009

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Petition und€' Section 482 ol Cr.P.C^praying that in^the circumstances^stated in the Memorandun^ of Grounds of Criminal Revision^{Case,the' High Court maybe} pleased to grant stzry of all further proceedings including appearance of the^accused No.2 in C.C.No .54t' of 2002 on the file^{of Xl Addl. Chief Mr:trollolitan Magistrateat} Secunderabad,^pending disposal of the above^Crl.R.C.

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cRLRC.NO.1436 0F 2009:

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Criminal Revision Case Under Section 397 & 4O1 Cr.P.C. against^{the Judgmentin} Crl.M.P.No.959 of 2009 in C.C.No.547 of 2002, daled 22.07.2009 on^{the file of the} Court of the Xl Additional Chief Metropolitan N/agistrate, Secunderabad.

¶50

Between:

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Shanmuga Vadivelu, S/o. Late Vidyanatham

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..PETITIONER/A2

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AND

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The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of A.P., Hyderabad.

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Reserve Bank of lndia, rep. by Asst. General Manager, Department of Non banking Supervision, RBl, Hyderabad.

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..RESPONOENTS

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CRLRCMP. NO: 1979 OF 2009

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Petition under Section 482 of Cr.P.C^praying that in the circumstances stated in the Memorandum of Grounds of Criminal Revision Case, the High Court may be pleased to grant stay of all further proceedings including appearance of the accused No.2 in C.C.No.547 of 2002 on the file of Xl Addl. Chief tvletropolitan lt4agistrate at Secunderabad, pending disposal of the above Crl.R.C.

¶59

cRLRC.NO.1437 0F 2009:

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Criminal Revision Case Under Section 397 & 401 Cr.P.C. against the Judgment in Cd.M.P.No.956 of 2009 in C.C.No.549 of 2002, dated 22.07.2009 on the file of the Court of the Xl Additional Chief lvletropolitan l,4agistrate, Secunderabad.

¶61

Between:

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Champa Kumar, S/o. H.N. Shanmanna

¶63

...PETITIONER/A12

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AND

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1 The State of Andhra Pradesh, Rep, by its Public Prosecutor, High Court of A.P., Hyderabad.

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2 Reserve Bank of lndia, rep. by Asst. General Manager, Department of Non banking Supervision, RBl, Hyderabad

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..RES'.NDENTS

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CRLRCMP. NO: 1980 OF 2009

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Petition under Section 482 ol Cr.P.C praying that in the circumstances stated in the l\ilemorandum of Grounds of Criminal Revision Case, the High Court may be pleased to grant stay of all further proceedings including appearance of the accused No.'12 in C.C.No.549 ol 2002 on the file of Xl Addl. Chief Metropolitan Magistrate at Secunderabad, pending disposal of the above Crl.R.C.

¶70

These petitions coming on for hearing, upon perus ng the Memorandum of Grounds of Crimirral Revision Cases and upon hearing the arguments of Smt. Nandini S. Bilolikar, Advocate for the^petitioner in all Crl.R.Cs and of the Public Prosecutor on behalf of Respondent No.1 in all Crl.R.Cs and ot'Sri B. Nalin Kumar, Advocate for Respondent No.2 in all Crl.R.Cs, the Corrrt rnade the following: COMMON ORDER

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THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM

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CRL.R.C.Noq.]1132 lo,\4?7 9\ 29Q9

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COMMON ORDER

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These Criminal Revision Cases are filed challenging the orders dated 22.O7.2OO9 in Crl.M.P.Nos. 957, 954, 953, 955, 952 and 956 of 2OO9 respectively in C.C. No. 549 of 2OO2 on the file of the XI Additional Chief Metropolitan Magistrate's Court at Secunderabad, whereunder the claim of the petitioners - accused seeking their discharge on the ground that lhey ceased to be thc I)irectors of the compan.,, M/s EBIi Financc Limitcd. arrayecl as Accused No.1, in i995 itscll, u,as rcjccted.

¶75

The document which the petitiorlcrs seck lo rcly on is l,'orm No.32 filed belore the Registrar of Companies for rhc first timc in 2000 u,hile their claim was thal thcy ceascd to bc the Direcl.ors in 1995 itself. Inasmuch as lrorm No.32 u,as lilcd before the Registrar of Companies in 2000, rvhel her, as a mater of lact, rhc petitioners had rcsrgned and r:eascd to I;c thc l)irecl.ors of rhc company is a matter requircs to bc adjudicatcd dr-rring lhe trial in C.C.No. 549 ol 2OO2.

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In that view of the matter, not dis<:harging the petitroners lrom thc criminal case cannot be found fault with. The Criminal Revision Cases therefore, lack merits and rhc samc are accordingly, dismissed. No co sts.

¶77

As it is submitted tl'lal lhc pt:titiont:r in Crl.R.C.No. 1432 ol 2009 is 92-year-old, it. 'ill bc opcn for him to move an^Application seeking to dispense with his appcarance bciorc Lhc Court.^Whcn

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¶80

such an AppLication is made, the learned Judge sl-rall consider the

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same in acr:orCance u,ith law.

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Sd/. 1(. SRINIVAS RAO DEPUTY REGISTRAR //TRUE COPY// ,It.

¶83

SECTION OFFICER

¶84

To,

¶85

The Xl Additiona Chief lt/etropolitan [\i]agistrate, Secunderabacl 2. Two CCs to the F)ublic Prosecutor, High Court for the State of^'1-elangana (OUT) J. One CC to Smt. \andini S. Bilolikar, Advocate (OPUC)

¶86

One CC to Sri B. Nalin Kumar, Advocate (OPUC) A Two CD Copies IVBC

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HIGH COURT

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DATliD: 0410312020

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¶92

Coil/lMON ORDER

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CRL.lL.C NOS: 1432,1433,1434,1435, 1436 AND

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1437 0F 2009

¶95

DISIVIII}SING THE CRIMINAL RE\IISION CASES

Shanmuga Vadivelu v. the State of A.P. and Another

Case brief

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Shanmuga Vadivelu v. the State of A.P. and Another

Case brief

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