Telangana High Court
CRLP/639/2019 of N. Ram Mohan Rao Vs The State of Telangana on 30 December 2022
COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE DR. JUSTICE D.NAGARJUN CRIMINAL PETITION No: 639 OF 2019 Between: N. Ram Mohan Rao, S/o. Late N. Krupa Sindhu. aged about 63 years, Occ. Retired Bank Manager,
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IN THE HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD
FRIDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE DR. JUSTICE D.NAGARJUN
CRIMINAL PETITION No: 639 OF 2019
Between:
N. Ram Mohan Rao, S/o. Late N. Krupa Sindhu. aged about 63 years, Occ.Retired Bank Manager, R/o. Flat No. 603, Venkatadri Block, Happy Homes,Kancharapalem, Vishakapatnam, Andhra Pradesh.
...PETITIONER/ACCUSED
AND
1. The State of Telangana, Rep. by Public Prosecutor, High court for the State ofTelangana at Hyderabad.Telangana at Hyderabad.
...1=t RESPONDENT/STATE
2. Mr. Rakesh Singh, S/o. Not Known, Occ. Sr. Branch Manager of Central Bankof lndia, Charminar Branch, Hyderabad. Rl/o. Not Knownof lndia, Charminar Branch, Hyderabad. Rl/o. Not Known
...2".I RESPoNDENT/coMPLAINANT
Petition under Section 482 of Cr.P.C praying that in the circumstances-stated in the Memorandum of Grounds of Criminal Petition, the High Court maybe pleased to quash the Charge Sheet in C.C.No.649 of 2018 dated 28-08-2018in F.l.R No. 175 of 2017 daled 17-11-2017, pending on the file of S.H.O,Charminar Police Station, Hyderabad, Telangana State in the interest of justice.
l.A NO: I OF 2019
Petition under Section 482 of Cr.P.C praying that in the circumstancesstated in the Memorandum of Grounds of Criminal Petition, the High Court maybe pleased to stay of all further proceedings in Charge Sheet in C-C.No.649 of2018 dated 28-08-2018 in F.l.R No. 175 of 2017 daled 17-11-2O17, pending onthe file of S.H.O, Charminar Police Station, Hyderabad, Telangana Stateincluding the arrest of the Petitioner This Petition coming on for hearing, upon perusing the Memorandum ofGrounds of Criminal Petition and upon hearing the arguments of Sri A.P. REDDY,Advocate for the Petitioner and the Assistant Public Prosecutor on behalf of [the]Respondent No.'l and None Appeared for the Respondent No.2
The Court made the following: ORDER
THE HONOURABLE DR. JUSTICE D.NAGARJUNCRIMINAL PETITION No.639 of 2OL9
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ORDER:
The Criminal Petition is filed seeking quashment ofC.C.No.649 of 2018 dated 28.O8.2018 in F.l.R. No.l75 of2017 on the file of learned Chief Metropolitan Magistrate attheNampally, Hyderabad registered against petitioner/Accused Nxo.6 for the offences under Sections468, 471,, 420 read with 34 of the Indian Penal Code.
02. Sri A.P.Reddy, learned counsel for thepetitioner/Accused No.6 as well as Sri S.Ganesh, learnedAssistant Public Prosecutor for the State/ Respondent No.1are present. No representation on behalf of respondent No.2.
03. The theallegations levelled against petitioner/Accused No.6 is that he being the Branch Managerof Central Balk of India, Charminar Branch has notdischarged his duties properly and by accepting bribe of 3%out of Rs.7,50,000/- from the amount given to the accusedNo. 1 without properly verifying the required documents andwithout proper due diligence has advanced loan on the basis of forged rlocument. The borrower has substantiallycommitted default and thereby sustained loss
04. It is submitted by learned counsel for thepetitioner/Accused No.6 that petitioner/Accused No.6 isinnocent, he has verified all requirements and followed theprocedure prior to sanctioning of the loan and he has alsoobtained legal opinion of the standing counsel of thepetitioner/Accused No.6 and it is not his duty to go to themerits and it was not his duty as the manager of the bank togo to the Sub-Registrar office in order to verify whether thedocument is genuine or not.
05. L,earned Assistant Public Prosecutor representingrespondent No. 1/State has submitted that as per theconfessional statement of accused No.3, it is clearlymentioned that petitioner / accused No.6 being the BranchManager was paid 37o of the loan amount as bribe from thepetitioner/accused No.6.
06. Considering the facts and circumstances of thecase, this court is of the opinion that in order to consider thequestion whether 3o/o of the loan amount was given to the
petitioner/Accused No.3 and whether the [confessional]statements of accused No.3 can be considered [against]petitioner/Accused No.6, full fledge trial required to beconducted by the trial Court.
07 . It is submitted by learned counsel for thepetitioner/accused No.6 that petitioner/accused No.6 issulfering from ill health and is undergoing dialysis and not ina position to attend the Court.
08. Considering the circumstances explained aboveand keeping in view the ill heath of the petitioner/ accusedNo.6, the petition1S disposed of with a direction to theconcerned trial Court to expedite the trial and furtherdirected that the presence of the petitioner/accused No.6may be dispensed with during the course of trial. However,the learned trial Court is at liberty to direct thepetitioner/accused No.6 to be present as and when requiredbv the Court.
09. Accordingly, this Criminal Petition is disposed of .
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As a sequel, pending Miscellaneous [Applications, ]if [any,]shall stand closed.
Sd/. P.CH. NAGABHUSHAMBAASSISTANT REGISTRAR//TRUE COPY//(iL,SECTION OFFICER
To,
1. The Chief Metropolitan Magistrate Court at Hyderabad-
2. The Station House Officer, Charminar Police Station, Hyderabad City District
3. Two CCs to the Public Prosecutor, High Court for the State of Telangana atHyderabad.(OUT)Hyderabad.(OUT)
4 One CC to SRl. A.P. REDDY, Advocate [OPUC]
5. Two CD Copieskam
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HIGH COURTDT.DNR,JDATED:30112120221t{ESTA/6:co0 4 ilAH [2[23]*0r-.-Pit-ettORDERCRLP.No.639 of 2019DISPOSING OF THE CRIMINAL PETITIONo >3k