THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRIMINAL PETITION No.2774 & 3050 OF 2009 COMMON ORDER: Crl.P.No.2774 of 2009 is filed by the petitioner-A3 and Crl.P.No.3050 of 2009 is filed by the petitioners-A4 to A6 under Section 482 of Cr.P.C., seeking quashing of further proceedings in Cr.No.247 of 2009 on the file of the Station House Officer, Saifabad police station, Hyderabad. 2. Heard learned counsel for the petitioners and the learned Additional Public Prosecutor appearing for the respondents 1 and 2-State. None appears for the 3rd respondent-complainant. Perused the record. 3. On a complaint given by the 3rd respondent herein, a case in Cr.No.247 of 2009 was registered against the petitioners and others for the offences under Sections 406 and 420 IPC by the police, Saifabad police station, Hyderabad. According to the 3rd respondent-complainant, himself and several other employees of M/s Opine Soft Solutions, Hyderabad were cheated by the petitioners and other Directors of the company by not paying salaries for a period of six months, prior to filing of the complaint in spite of having funds. 4. Learned counsel for the petitioner-A3 in Crl.P.No.2774 of 2009 would submit that A3 has resigned as Director on 27.02.2009 itself, as can be seen from Form No.32, a copy of which is filed. The allegation in the complaint is that the salaries for six months were not paid i.e. from November, 2008 onwards. 5. Learned counsel for the petitioners would submit that if the salaries are not paid the remedy for the employees is elsewhere and the ingredients of the alleged offences are not attracted. 6. The specific allegation in the complaint is that in spite of having funds the accused, who are in the management, have not paid salaries for six months. The truth or otherwise of the said allegation cannot be gone into at this stage. Whether or not the ingredients of the alleged offences are attracted is also a matter to be considered only after due investigation. The First Information Report having been registered in the year, 2009, it is considered not a fit case to quash the further proceedings at this length of time by invoking the inherent powers of this Court under Section 482 Cr.P.C. 6. By order, dated 28.04.2009, in Crl.P.No.2774 of 2009, interim stay of arrest of the petitioner-A3 was granted for a period of six weeks with a direction that the investigation can go on and the petitioner-A3 shall cooperate with the investigation and subsequently, on 09.06.2009, interim stay was extended till 08.07.2009. Similarly, interim stay of arrest of the petitioners-A4 to A6 in Crl.P.No.3050 of 2009 was granted on 01.05.2009 for a period of six weeks with a similar direction that the investigation can go on and the petitioners-A4 to A6 shall cooperate with the investigation and the interim stay was extended on 09.06.2009 till 08.07.2009. 7. In the circumstances, it is held that there are no valid or sufficient grounds to quash the further proceedings in Cr.No.247 of 2009, invoking the inherent powers of this Court under Section 482 Cr.P.C. However, petitioner-A3 in Crl.P.No.2774 of 2009 and petitioners-A4 to A6 in Crl.P.No.3050 of 2009 may not be arrested till the completion of the investigation. 8. In the result, Criminal Petitions are dismissed, subject to the above direction. _______________________ G.V.SEETHAPATHY, J 29th September, 2010 Tsy