Telangana High Court

CRLP/2039/2009 of Indian Metals AND Ferro Alloys Ltd., Vs State of Andhra Pradesh on 29 December 2009

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SRI JUSTICE P.SWAROOP REDDY CRIMINAL PETITION No.2039 OF 2009 Dated : 29.12.2009 Between : Indian Metals & Ferro Alloys Ltd. & others ….. Petitioners/ A .1 to A .4 a n d The State of A.P. & another ….. Respondents THE HON’BLE SRI JUSTICE P.SWAROOP REDDY

THE HON’BLE SRI JUSTICE P.SWAROOP REDDY

CRIMINAL PETITION No.2039 OF 2009

Dated : 29.12.2009

Between :

Indian Metals & Ferro Alloys Ltd. & others

….. Petitioners/A.1 to A.4

a n d

The State of A.P. & another

….. Respondents

THE HON’BLE SRI JUSTICE P.SWAROOP REDDY

CRIMINAL PETITION No.2039 OF 2009

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ORDER :

This criminal petition is filed under Section 482 Cr.P.C. by thepetitioners/A.1 to A.4 seeking to quash proceedings against them inCrime No.43 of 2009 of C.K.Dinne Police Station, Kadapa, registeredfor the offence punishable under Sections 420, 464, 465 and 409 ofI.P.C.

2) Heard both sides.

3) Learned counsel for the petitioners contends that thetransaction is purely civil in nature. On a careful perusal of the materialon record, it cannot be said that no criminal element is involved.Considering the nature of offence and in view of the allegations offalsification of accounts leveled against the petitioners, it is not a fitcase for quashing proceedings against them at this stage.

4) However, considering the circumstances of the case, it isdirected that the petitioners shall not be arrested till filing of charge sheet if any. The investigation and consequential steps on the basis ofinvestigation can go on. Further, petitioner Nos.2 to 4 shall appearbefore the investigating officer on 10.01.2010 and 24.01.2010 between10 a.m. to 5.00 p.m. for the purpose of further investigation.

5) Accordingly, the criminal petition is disposed of.

29[th] December, 2009Note : Issue C.C. tomorrow. B/o. SUR

______________________

P.SWAROOP REDDY, J

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