THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.4421 OF 2018
ORDER:
The Criminal Petition is filed under Section 482 of the Code of Criminal Procedure (for short Cr.P.C.) by the petitioner/Accused No.3 to quash the proceedings in C.C.No.174 of 2003 on the file of the XII Additional Chief Metropolitan Magistrate, Hyderabad, registered for the offences punishable under Sections 409, 420 r/w 120-B of Indian Penal Code.
2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the respondent-State and perused the record.
3. This Court vide order dated 04.10.2017 has allowed the Crl.P.No.7212 of 2008 and batch by quashing the proceedings against accused Nos.1, 2, 4 and 5 in C.C.No.174 of 2003, pending on the file of the Additional Chief Metropolitan Magistrate, 2 Hyderabad. In the said order, this Court quashed the proceedings on the ground that the Company was not made a party and the question of vicarious liability against any Managing Director or Director of the Company even responsible for its day to day affairs do not arise in view of the judgment of the Hon'ble Supreme Court in Narendra Kurangi and Others vs. Greenmint India Agritech (P) Limited, Hyderabad and Another 1. The said findings are squarely applicable to the present petitioner/accused No.3 who is also Director of the Company as seen from the charge sheet.
4. In view of the findings of this Court in Crl.P.No.7212 of 2008 and batch, the proceedings in C.C.No.174 of 2003 on the file of the XII Additional Chief Metropolitan Magistrate, Hyderabad are liable to be quashed against the petitioner/accused No.3.
5. Accordingly, this Criminal Petition is allowed. 1 2016 (1) ALD (Crl.) 177 3 Miscellaneous applications pending, if any, shall stand closed.
_________________ K.SURENDER, J Date: 30.10.2023 mmr/hfm 4 THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.4421 OF 2018 30.10.2023 mmr/hfm