HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.1317 OF 2007 Date: 05.03.2010 Between: P. Lakshminarayana Reddy ……Petitioner And: B. Promodini and another ……Respondents. HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.1317 OF 2007 ORDER: This petition is filed by the petitioner under Section 482 Cr.P.C for quashing F.I.R in Crime No.453 of 2005 of White Collar Offences Team, Central Crime Station, Hyderabad relating to offences punishable under Sections 409, 420 IPC and Section 5 of the A.P. Protection of Depositors of Financial Establishment Act. Subject matter of the crime which was registered by the police on report given by the 1st respondent/defacto-complainant is Chit Fund affairs relating to M/s. Visveswar Finance & Chit Fund (P) Limited. According to the 1st respondent, the chit fund company collected monies from her and committed default in fulfilling obligations by the company. So the 1st respondent gave report to the police against management of the company. No report is given against the petitioner viz., P. Lakashminarayana Reddy in his personal or individual capacity. The police also did not register the crime against the petitioner, but registered the crime against management of M/s. Visveswar Finance & Chit Fund (P) Limited. It is contended by the petitioner’s counsel that originally the petitioner was not Director of the company or in any way connected with management of the company and that the petitioner’s father-in-law P. Purushotham Reddy was the original Managing Director of the company and after death of P.Purushotham Reddy on 02.01.2003, the petitioner was made Managing Director of the company on 09.01.2003 as per resolution of Board of Directors and it was communicated to the Registrar of companies on 28.01.2003 and it was recorded by the Registrar of companies on 09.02.2003. It is contended that the alleged transactions of the company with the 1st respondent were prior to 09.01.2003 when the petitioner had no connection with the company at all. It is the petitioner’s apprehension that since he was arrested in similar cases filed by several of the depositors or chit fund subscribers of the company illegally, he seeks relief from this Court in this petition. In so far as this crime is concerned, there is no dispute that the police did not arrest the petitioner nor harassed the petitioner in any way. It appears that the investigation is pending and the police did not file any charge sheet in this crime. Therefore, it is open to the petitioner to approach the police and to present relevant papers regarding his appointment as Managing Director of the company and also other judgments or orders passed by this Court and other courts, in order to show that he had nothing to do with the company or its affairs during the relevant period of time when the offence is stated to have been committed. In that view of the matter, when the petitioner is not at all shown as accused person specifically in the F.I.R, I am of the opinion that this petition is premature and is the result of mere apprehension by the petitioner. In the result, the petition is dismissed. ___________________________________ SAMUDRALA GOVINDARAJULU,J Date:05.03.2010. Gk. HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.1317 OF 2007 Date: 05.03.2010 Gk.