M NARASIMHULU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The present writ petition has been filed seeking for a Writ of Certiorari to quash Crime No.89/2000 of P.S. Asifnagar, Hyderabad.

(2.) The factual matter leading to the riling of the case is set out as hereunder: The first petitioner was the Director of M/s. Oban Finance & Investments Ltd., which was incorporated under Companies Act. The second petitioner is the wife of the first petitioner, who was also another Director. It would appear that the petitioner was using a car Premier 118 NE bearing No. AP 12A-1116 belonging to the 2nd respondent company and subsequent to (he resignation by both the petitioners, they refused to return the car inspire of repeated demands. They resigned from the company w.e.f. 9-9-1999. The Director of the Company made a complaint with the first respondent and it was taken on file as Crime No.89/2000 under Sections 406, 420 and 468 of Indian Penal Code.

(3.) Mr. L. Ravichander, learned Counsel appearing for the petitioners contends that even by going through the averments in the F.I.R., no case is made out for a criminal investigation. It is his contention that Section 630 of the Companies Act provides sufficient machinery for dealing with a person, who wrongfully retains the property of a company. In short it is his submission that the present F.I.R. in Cr.No.89/2000 is nothing but a abuse of process of Court.