Y.G.Rajenda vs The State Of Telangana
2023 Latest Caselaw 3392 Tel

        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,

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.

2016 (1) ALD (Crl.) 177

Miscellaneous applications pending, if any, shall stand

closed.

_________________ K.SURENDER, J Date: 30.10.2023 mmr/hfm

THE HONOURABLE SRI JUSTICE K.SURENDER

CRIMINAL PETITION No.4421 OF 2018

30.10.2023

mmr/hfm