HON’BLE SRI JUSTICE R. KANTHA RAO CRIMINAL PETITION NO. 7577 OF 2010 DATE: 27-10-2010 BETWEEN: M/s. Gateway Builders, 155, Ashoknagar, Hyderabad, Rep. by its Managing Director, Kondabathula Ravi Shankar, S/o. K. Narasimha Murthy, R/o.TRT 22, Vidyanagar, Hyderabad and another. - - - Petitioners/A- 36 & A-37. AND The State of A.P., Rep. by Public prosecutor, High Court of A.P., Hyderabad and another. - - - Respondents This Court made the following : HON’BLE SRI JUSTICE R.KANTHA RAO CRIMINAL PETITION NO.7577 OF 2010 ORDER: This Criminal Petition is filed by the Petitioners/A-36 and A-37 under Section 482 Cr.P.C., seeking to quash the proceedings in C.C. No.6 of 2002, on the file of I Additional Metropolitan Sessions Judge, Hyderabad, relating to Crime No.3 of 2002 of P.S. Crime Investigation Department, Hyderabad. Heard Sri S. Suryaprakasa Rao, learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the Respondents-State. On the report lodged by the Principal Secretary to Government, Agriculture and Co-operation Department, A.P., along with Registrar of Co-operative Societies, Hyderabad, on 25-02-2002 against the management of Charminar Co-operative Urban Bank Limited, Hyderabad, and its officers before the PS C.I.D., Hyderabad, for the offences under sections 409, 420 and 120-B read with Section 5 of Andhra Pradesh Protection of the Depositors of Financial Establishment Act, 1999, the Petitioner No.1 has been shown as Accused No.36 and petitioner No.2 has been shown as Accused No.37. The learned counsel appearing for the petitioners submits that subsequent to the filing of the complaint, Mr. K.P.V. Subbaiah, who was representing the companies including the petitioner No.1 company, paid the entire loan amount of Rs.18,61,75,525/- towards full and final settlement of loan amount to the Charminar Co-operative Urban Bank, Hyderabad. Thereafter, the Three Man Committee appointed by the Government submitted a report stating that the payments were made according to the guidelines issued by the R.B.I. and upon considering the report and other circumstances, the State Government issued G.O. Rt. No.288, Law (LA & J-Home-Courts-B) Department, dated 20-02-2009, directing the Additional Public Prosecutor concerned to file a petition under Section 321 of Cr.P.C. to withdraw the prosecution against the accused persons mentioned in the G.O. in Crime No.3 of 2002 registered for the offences under Sections 409, 420 and 120-B I.P.C. and Section 5 of A.P. Protection of Depositors Financial Establishment Act, 1999. It is submitted that in pursuance of the said G.O., the Additional Public Prosecutor has filed a petition under Section 321 Cr.P.C. to withdraw the case against the petitioners and others. The said petition was dismissed by the trial Court, but the Revision filed against the said order was allowed. Remaining accused filed a similar petition under Section 482 Cr.P.C. before this Court seeking to quash the entire proceedings in the above circumstances and accordingly, learned single Judge of this Court, by order in Crl.P. No.10995 of 2009, dated 06-07-2010, quashed the entire proceedings in C.C. No.6 of 2002, on the file of the Court of I Additional Metropolitan Sessions Judge, Hyderabad. The names of the petitioners herein are mentioned in the said G.O. and their case is no way different from that of the other accused against whom the entire proceedings were quashed by the order of the learned single Judge. This case has been pending for the last 8 years and more particularly in view of the fact that the case has been quashed against the remaining accused, this petition needs to be allowed, otherwise, it will lead to miscarriage of justice and abuse of process of Court. For the foregoing reasons, the entire proceedings in C.C. No.6 of 2002, on the file of I Additional Metropolitan Sessions Judge, Hyderabad, against the Petitioners/A-36 and A-37 are quashed. The Criminal Petition is accordingly allowed. ________________ R. KANTHA RAO, J Dated: 27-10-2010 Dsh.