Former managing director challenged an EOW notice under Sections 94 and 179 BNSS, 2023 seeking production of company documents in a fraud complaint, claiming it violated Article 20(3). The Court held the notice was issued to the company, not him personally, and that no mandamus could issue.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[32551
HIGH COURT FOR THE STATEOF TELANGANA AT HYDERABAD (SPecial Original Jurisdiction)
FRIDAY, THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTYFIVE
PRESENT
THE HONOURABLE SRI JUSTICEN.V.SHRAVANKUMAR
WRIT PETITION NO:27639OF 2025
Between:
Mr. Kishore Kumar Ganii, S/o.(Late) G. Janaiah,Age about 51 years,Occ Business and Former MD/AuthorisedRepresentativeof tvl/s.Airis Pharma Private Limited, Rio. Flat No.305,Tara Towers,Saleem Nagar, ttilalakpet, Hyderabad, Telangana - 500 036.
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 of lheConstitutionof lndia praying that in the circumstances stated in theaffidavit filed therewith, the High court may be pleased to issue a writ, order or direction especiallyone in the natureof writ of mandamus duly declaring the actionof the respondent Nos.2 and 3 in issuingthe impugned notice datedOglOgl2O2Sunder Sections. 94 and 179 OF BNSS,2023 relating to Crime No.63 of 2025 onthe file of CyberabadEOWP S ,on a complaint lodged by RespondentNo.4 dated 0410912025calling upon the petitioner herein to produce the documentsmentionedtherein as without jurisdiction, contrary to the provision of law and violative ofArticle 20(3) of the Constitution of lndia.
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lA NO: 1 OF 2025
Petition under Section 151 CPCpraying that in the circumstances stated in the affidavit filed in support of thepetition,the High Court may be pleased to suspend the operation ofimpugned noticedated 0910912025issuedby the Respondent No.3 under Section 94and 179 of BNSS, 2023 as againstthe Petitioner, pending disposal of the writpetition-
lA NO: 2 OF 2025
Petition under Section 151 CPCpraying thatin the circumstances stated in the affidavit filed in support ofthe petition,the High Courtmay be pleased to grant stay of all further proceedings in Crime No.63 of2025 on thefile of Cyberabad EOW P.S. Cyberabadincluding the appearanceof the petitioneron 15logt2o25 inpursuant to theimpugnednotice dated 09/09/2025 issuedunder Section. 94 and 179 of BNSS, 2023 asagainst the Petitionerin the interestof justice.
Counsel for the Petitioner: SRI VINOD KUMARDESHPANDE,Sr. COUNSEL, REP. FOR SMT DEVINENI RADHARANI
Counsel forthe Respondent No.1 to3: SRI MAHESHRAJE, GP FOR HOME
The Court made the following: ORDER
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION No.27539 of2o25
ORDER
This writ petition is filed questioning the action of the respondent Nos.2 and 3 in issuing the impugned notice dated O9.O9.2O25 under Sections 94 and 179 of BNSS, 2023 calling upon the pe[itioner to produce the documents mentioned therein, relaLing to Crime No.63 of 2025 on the file of Cyberabad trOW police Station on a complaint lodged by respondent No.4 dated 04.Og.2O2S without jurisdiction, contrary to the provision of law and violative of Article 20 (3) of the Constitution of India.
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Plot Nos.64 and 65, Aleap Industrial Estate, Gajularamaram Village, Quthbullapur Mandal, Hyderabad, Tclangana, India.
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complaintis registered to settle the scores in a matter which was already hledby respondent No'4 against the petitioner and others before NCLT,Hyderabadbench at Hyderabadunder Sections241' 242,213 &Section119 of CompaniesAct,2O13read with Rules 11' 23&43oftheNCLTRules,2016videCompanyPetitionNo.30/24lof 2025. lL is furthersubmitted that thereare disputesbetweenthe Directors andshareholders of the company, whichhas given the colour of acriminal caseand that there is breachof trust' cheating and misappropriationof funds in relation to companyaffairs and as per the resolutionpassed at the meeting of Boardof Directorson 06.O7.2O2O,the petitioner was appointed as ManagingDirector of the company for aperiod ol 5 years with effect ftorn06 'O7 '2O2O on certain terms andthere are disputesregardinginvestments'management and control of thecompanywhich are governed by the provisionsof the Companies Act,2013 and are subject to adjudication belore the NCLT and fheimpugnednotice datedOg 'O9 2025 was seryedon the petitioner being thetrx-ManagingDirector' Learned senior counsel for the petitionerswould submit that petitioner has control overthe affairs of thecompany and is obligated to respond to the Notice'He would furthersubmit that issuance of noticeitself is bad in law and aggrieved by thatthe petitioner hled the presentwrit petition'
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Govei-nment pleader for Home and perused the material made available on the record.
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10 With these observations, this writ petition is disposed of. There shall be no order as to costs.
Misce llaneous apprications, if any pending, shalr stand closed.
To
SD/.MOHD. ISMAIL PUTY REGISTRAR //TRUE COPY// SECTION OFFICER
Cyberabad Commissionerate, Cyibeial;JDis;;."
BSR BS
CC TODAY
HIGH COURT
DATED:12l0gl2025
ORDER
WP.No.27639of 2025
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DISPOSINGOF THE WRIT PETITION, WITHOUTCOSTS t F_ Yk"f
2 issues framed by the court
Whether the notice dated 09.09.2025 under Sections 94 and 179 BNSS, 2023 issued in connection with Crime No.63 of 2025 was without jurisdiction and violative of Article 20(3).
Whether a former Managing Director is obligated to respond to a notice issued to the company for production of documents.
4 provisions across 2 enactments
Mr. Kishore Kumar Ganii
The State of Telangana, represented by its Principal Secretary, Department of Home
The Commissioner of Police, Cyberabad Economic Offences Wing (EOW)
The Assistant Commissioner of Police and Investigation Officer, EOW, Cyberabad P.S.
Dr Mohan Reddy Patalolta
N.V. Shravan Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
