M RANGARAO Vs. STATE OF AP

JUDGEMENT

(1.) The petition is filed to quash the Order dated 17.7.2008 passed by the passed by the XIV Additional Chief Metropolitan Magistrate, Hyderabad in C.C. No. 333 of 2006 impleading the Petitioner as 2nd accused in this case.

(2.) The Central Bureau of Investigation filed Criminal Case against the accused No. 1 i.e. M/s Jai Kisan Seeds (India) Limited, represented by its Managing Director, M. Ranga Rao, for the offences under Sections 420, 468 and 471 of IPC. After the entire evidence has been recorded, when the matter is posted for judgment, the learned Magistrate found that there is prima facie material to proceed against Sri Ranga Rao in his individual capacity and took cognizance of the case by invoking the powers under Section 319 Code of Criminal Procedure to try Sri Ranga Rao along with prime accused. Being aggrieved by the Order of the learned Magistrate, the present Criminal Petition is filed.

(3.) It is the contention of the Petitioner's counsel that Petitioner is the Managing Director of A. 1 company. The Central Bureau of Investigation filed a charge sheet against accused No. 1 company represented by the Petitioner for the offences punishable under Sections 420, 468 and. 471 IPC. Initially, a case was registered against the Petitioner also, but Central Bureau of Investigation after investigation deleted his name from the charge sheet and filed the charge sheet only against A. 1 Company. The entire evidence was recorded and after hearing the arguments, the case was posted for judgment to 17.7.2008. On that day, the learned Magistrate suo-moto invoking powers under Section 319 Code of Criminal Procedure impleaded the Petitioner as 2nd accused. Against the said Order of the learned Magistrate, the Petitioner filed Crl. R.P. No. 128 of 2008 before the Metropolitan Sessions Judge, Hyderabad. The learned Sessions Judge, by his order dated 13.8.2008 dismissed the revision without hearing.