THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7307 OF 2007 DATED 8TH JULY, 2010. BETWEEN B.Muralidhar & another …Petitioners/A.1 and A.3 and The State of A.P. …..Respondent/Complainant. THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7307 OF 2007 ORDER: This criminal petition under section 482 of the Code of Criminal Procedure is filed by the petitioners-A.1 and A.3 seeking to quash the proceedings in C.C.No.5 of 2003 on the file of the Special Court-cum-Metropolitan Sessions Judge, Nampally, Hyderabad. Heard. The main contention of the petitioners herein is that the entire charge sheet does not reveal any offence attracting the provisions of A.P. Protection of Depositors of Financial Establishments Act, 1999, more particularly section 5 thereof since there is nothing to suggest that the petitioners have not returned the deposit amounts after the maturity period. He further submitted that if the said section is removed, the case can be tried by the Magistrate. Hence, he prayed this Court to order for trial by the Magistrate and not by the Special Court. Perused the entire material on record and pleadings. Initially a case in crime No.12 of 2003 was registered by the Police and after due investigation they filed charge sheet, which is also taken cognisance in C.C.No.5 of 2003. Thus, it can be said that prima facie material is available against the petitioners. Therefore, this Court is of the view that there is no need to interfere with the further proceedings in C.C.No.5 of 2003. With regard to the submission of the learned counsel for the petitioners that ingredients of provisions of A.P. Protection of Depositors of Financial Establishments Act, 1999, are not attracted, this Court is of the view that the said contention can be raised before the Special Court and the learned Judge shall consider the same in accordance with law. With above observation, the Criminal Petition is disposed of. ________________________ JUSTICE RAJA ELANGO Dated : 08.07.2010 sur