THE HON’BLE SRI JUSTICE P.SWAROOP REDDY CRL.M.P.Nos.8305 and 8561 of 2009 and CRIMINAL PETITION No.8619 OF 2009 Dated : 29.10.2009 Between : M/s.Charminar Co-operative Urban Bank Ltd., ….. Petitioner a n d The State of A.P. & others ….. Respondents THE HON’BLE SRI JUSTICE P.SWAROOP REDDY CRL.M.P.Nos.8305 and 8561 of 2009 and CRIMINAL PETITION No.8619 OF 2009 COMMON ORDER : This criminal petition under Section 482 of the Code of Criminal Procedure is filed by the Charminar Co-operative Urban Bank Limited seeking a direction to the I Additional Metropolitan Sessions Judge- cum-Special Court for Protection of Depositors of Financial Establishment Act, Hyderabad, not to disburse the amount to the Official Liquidator of Krishi Co-operative Urban Bank in Crl.M.P.No.855 of 2009 in C.C.No.7 of 2001 on its file. 2) Crl.M.P.No.8305 of 2009 is also filed by M/s.Charminar Co- operative Urban Bank Limited seeking to stay all further proceedings in C.C.No.7 of 2001 and Crl.M.P.No.855 of 2009 on the file of the trial Court. 3) Further, Crl.M.P.No.8561 of 2009 is filed by M/s.Charminar Co-operative Bank Residential and NRI Depositors Association seeking to implead them as respondent No.23 to the proceedings. 4) Heard the learned counsel on record. 5) Considering the circumstances of the case, it is directed that M/s.Charminar Co-operative Urban Bank Ltd. shall be impleaded as a party to Crl.M.P.No.855 of 2009 on the file of trial Court and thereafter Crl.M.P.No.855 of 2009 shall be decided on merits. It is further directed that till the disposal of Crl.M.P.No.855 of 2009 no amount shall be disbursed. The maintainability of the presence of the Charminar Co-operative Urban Bank in Crl.M.P.No.855 of 2009 shall also be decided only during final disposal of Crl.M.P.No.855 of 2009. 6) The claim of the petitioners in Crl.M.P.No.8561 of 2009 prima facie appears to be not maintainable as admittedly they are not the depositors of Krishi Co-operative Urban Bank, but they have deposited the amounts in Charminar Co-operative Bank, which in turn has deposited the amounts in Krishi Co-operative Urban Bank. Hence, they may also approach the Court below in Crl.M.P.No.855 of 2009 and file an appropriate petition, which may be decided by the Court on merits at the initial stage itself. 7) The Crl.M.Ps. and the criminal petition are disposed of accordingly. ______________________ P.SWAROOP REDDY, J 29th October, 2009 SUR