Smt.Vemparala Lohitha vs The State Of Telangana
2023 Latest Caselaw 2315 Tel

      HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

               CRIMINAL PETITION NO.8867 OF 2023

O R D E R:

This Criminal Petition is filed under Section 482 of the Code

of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioner -

accused No.3 to quash the proceedings against her in

C.C.No.970 of 2023 pending on the file of XIV Additional Chief

Metropolitan Magistrate at Hyderabad. The offences alleged

against the petitioner are under Sections 406, 420 and 506 read

with Section 34 of the Indian Penal Code.

2. Heard learned counsel for the petitioner, Sri S.Ganesh,

learned Assistant Public Prosecutor for respondent No.1 - State

and perused the record.

3. It is contended by learned counsel for the petitioner that

the petitioner is innocent of the offences and she has no direct

or indirect involvement with the crime registered against her. In

order to support his contention, learned counsel relied on the

judgment of the Hon'ble Apex Court in Sunil Bharti Mittal v.

GAC,J Crl.P.No.8867_2023

Central Bureau of Investigation 1, wherein the Hon'ble Apex Court

held that "the IPC does not contain any provision for attaching

vicarious liability on part of the managing director or the

directors of the company when the accused is the company.

Thus, an individual who has perpetrated the commission of an

offence on behalf of a company could be made accused,

along with company, only if there was sufficient evidence of his

active role coupled with criminal intent". Learned counsel

further contended that there is no specific allegation or role

played by the petitioner in commission of offence. Learned

counsel also filed medical record of the petitioner which clearly

discloses that she is ripe for delivery, which is expected to be on

23.10.2023. Therefore, he prayed to quash the proceedings

against the petitioner.

4. On the other hand, learned Assistant Public Prosecutor

contended that after due investigation, the police have filed

charge sheet against the petitioner. He further contended that it

is not a fit case to quash the proceedings against the petitioner

AIR 2015 SC 923 GAC,J Crl.P.No.8867_2023

at this juncture and the matter has to be decided only after

conducting trial by the Court below.

5. On a perusal of the charge sheet, this Court is of the view

that truth or otherwise of the allegations made against the

petitioner can be decided only after conducting trial. Hence,

this Court is not inclined to interfere with the proceedings against

the petitioner.

6. Taking into consideration the fact that the petitioner is

arrayed as accused No.3 no specific overt act was made

against her as far as the transactions between the three

companies; and the date of her expected delivery is on

23.10.2023, this Court is of the considered opinion that the

appearance/attendance of the petitioner - accused No.3

before the trial Court shall be dispensed with.

7. Accordingly, this Criminal Petition is disposed of. The

appearance/attendance of the petitioner - accused No.3

before the Court of XIV Additional Chief Metropolitan Magistrate

at Hyderabad in C.C.No.970 of 2023 is dispensed with, unless her

presence is required by the trial Court for a specific purpose or at GAC,J Crl.P.No.8867_2023

the time of recording examination under Section 313 Cr.P.C. and

on the date of pronouncement of judgment. Further, the

petitioner is at liberty to move an application before the trial

Court seeking to discharge her from the case. On such

application being filed and if prima facie case is not made out

against her, the trial Court shall consider the same and pass

appropriate orders within a period of three (03) weeks from the

date of filing of the said discharge petition without being

influenced by any of the observations made by this Court in this

order.

Miscellaneous applications pending, if any, shall stand

closed.

_______________________________ G.ANUPAMA CHAKRAVARTHY, J

Date: 13.09.2023 ns

Note:

C.C. by 15.09.2023 b/o.

ns