THE HONOURABLE SRI JUSTICE A.GOPAL REDDY Crl.P.Nos.6708 of 2007 & 8921 of 2009 Date of Order: 26-11-2010 CT in Crl.P.6708 of 2007 Between: M.Venu Madhav Reddy ..Petitioner and 1. The State of A.P. rep. By its Public Prosecutor, High Court of A.P., Hyderabad and another ..Respondents The Court made the following Order: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY Crl.P.Nos.6708 of 2007 and 8921 of 2009 Common order: These petitions are filed under Section 482 Cr.P.C. to quash the proceedings in C.C.No.173 of 2006 pending on the file of Munsif Magistrate, Vinukonda, Guntur District. The prosecution filed a Memo stating that investigating agency i.e. Station House Officer, Vinukonda Police Station sent warrants for execution of NBW on A4, who is petitioner in Crl.P.No.6708 of 2007, which was returned. The name and address of A4 is M.Venu Madhava Reddy s/o M.Hanumanth Reddy @ M.H.Reddy, aged 29 years, Plot No.21, Near Sri Sai Garden, Ramanthapur, Hyderabad, consultant Vinsri Info Tech & Sites Pvt. Ltd., but the same was mistakenly noted in the charge sheet as M.Venu Madhava Reddy @ Gollapilli Mahadva Reddy s/o M.K.Reddy @ Krishna Reddy, 29 years, Manager, Vin Sri InfoTech & Sites Private Limited, Plot No.18, 1st floor, Santhisri Nivas, Viratnagar, Kapra. Hence, fresh NBW may be issued to A4 with correct address. On filing the Memo straightaway NBW was issued by the Magistrate. The compliant allegations show that the complainant is the Managing Partner of Hari Solutions and he is running the said institute in association with the partners—L.Ws.1 to 3, who are software technicians. While so, in the month of January, 2003, A2 approached Hari Solutions and informed that he belongs to reputed Vin Sri Company, which is being run in the name and style of Sites (P) Ltd. in Chandra Lok Complex, Secunderabad and their Company obtained orders from US Consultancy Agencies, which requires data filling, management books and novels are received by their company. A2 offered Rs.10/- per page to the complainant and their company offers work in shape of slots, each slot furnishes work for 7,500 to 12,500 pages. The complainant and L.Ws.1 to 3 after carefully discussing themselves finally decided to join Sites (P) ltd. and they have collected Rs.5,00,000/- and informed A2 to come to Vinukonda along with Managing Director, so that they can enter into written agreement of data processing. On 03-02-2003, A1 to A5 arrived to Vinukonda on Hyundai City Car. A1 being the Managing Director of Sites (P) Ltd. received a sum of Rs.2,00,000/- from the complainant and one lakh each from L.Ws.1 to 3 and executed an agreement. A1 to A5 handed over 100 books to the complainant and L.Ws.1 to 3. The complainant and his partners have begun their work and after completion of work they went to Secunderabad to the address given by the accused. By the time they went, A 1 to A5 were arrested by CCS Police, Hyderabad. A1 is the chief culprit. There is no allegation against A4 either in the complaint or in the charge sheet, except stating that A1 and A2 have collected an amount of Rs.5 lakhs from the complainant and L.Ws.1 to 3. Further, the complainant himself do not know the correct name of A4’s father, cannot identify the person with particulars of A4. In view of the same, straightaway issuing N.B.W. to A4 by the Magistrate on the memo filed by the prosecution do not commend appreciation. Having regard to the fact that the defacto complainant has not been served, in his absence this Court is not inclined to quash the proceedings. Suffice on petitioner (A4) surrendering before the Magistrate within three weeks from the date of receipt of a copy of this order and on his executing a personal bond for a sum of Rs.5,000/- (Rupees five thousand only) and furnishing two sureties for the said sum, he shall be enlarged on bail. With the above direction Crl.P.No.6708 of 2007 is disposed of. Crl.P.No.8921 of 2009 Since there is specific allegation against A1, petitioner herein, for the offence under Sections 419, 420 r/w 34 IPC, this Court do not find any ground to quash the proceedings. Criminal Petition is accordingly dismissed. _________________ A.GOPAL REDDY, J. 26-11-2010 Murthy