Decided on January 21,2019

Koduri Bikshapathi Appellant
State of Telangana Respondents

Referred Judgements :-



B.SIVA SANKARA RAO - (1.)The petitioners are A1 to A4 of Crime No.503 of 2018 of Mills Colony Police Station, Warangal, registered for the offence punishable under Sec. 306 Penal Code which is outcome of the report of the second respondent de facto complainant dated 14.12.2018 to the Station House Officer, Mills Colony Police Station, Warangal, which reads that his father Rajeshwar Rao along with Koduri Bikshapathi, Bathini Madhusudan, Palle Mallesham and Gudu Vivekanand did a private chit finance business at Hunter road, Warangal, eight years back with partnership and his father Rajeshwar Rao died in the year 2017. Thereafter, the said persons colluded inter se and not paid the amount to the chit members stating that chit fund company is in loss. The de facto complainant and his father demanded many a time to show the accounts but the accused never disclosed the accounts during the lifetime of his father, who has to repay three crores to the members by arranging funds by sale of his properties and the above four accused persons did not respond to the contribution and they used to threaten his father. Fifteen days back he - de facto complainant along with his father and their relative M.Bhaskar went to Koduru Bikshapathi, where other accused among A1 to A4, requested to show the accounts of the chit fund business, they responded negligently saying they will not disclose the accounts even when his father stated if they fail to do so, he would commit suicide, in response saying they would not bother even if he commit suicide and there from he felt mental agony and the complainant along with his relative requested the accused to come over to their house and they came on 05.12.2018, they picked up quarrel with his father by reiterating they would not bother even if he commits suicide and left their house. It is on that day at about 03.30 p.m., their father found in unconscious state in the office, immediately they shifted to Samraksha hospital, Warangal, and therefrom to Yashoda hospital, Secunderabad, while undergoing treatment, he breathed the last on the date of report at 05.00 a.m. and there are 50 pesticide poison bottles and because of the harassment by accused, the deceased committed suicide by leaving a suicide note written by mentioning as the accused are responsible for his suicide. Hence to take action.
(2.)The contentions in the quash petition are that A1 to A4 are only Directors of the Company and they left the Company more than 3 1/2 years back and the present complaint is filed with a malafide intention to extract money by de facto complainant taking advantage of his father's suicidal death and it is the deceased who started the Company along with the petitioners accused and another member who acted as Managing Director none other than brother-in-law of the deceased. It is they who played vital role and entire transactions conducted by that Managing Director and he was purposefully added in the complaint with a malafide intention and none of the ingredients of the offence under Sec. 306 Penal Code that attracts and the First Information Report is thereby liable to be quashed. It is also the contention that they are no way responsible for day to day affairs of the said chit fund business of the entity. The counsel for the petitioner reiterated the same and drawn attention of the Court to the ingredients of Sections 306 and 107 Penal Code, saying thus nowhere attract even on face value of the First Information Report averments to rope the petitioners and the same is liable to be quashed.
(3.)Learned public prosecutor opposed the petition stating the investigation is in progress and pending investigation there are no grounds to quash the crime proceedings. He also submits that A1 to A4 are in abscondance since date of registration of the crime on 14.12.2018.

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