LAWS(APH)-2016-3-76

N. SRINIVASAN Vs. STATE OF TELANGANA

Decided On March 18, 2016
N. SRINIVASAN Appellant
V/S
State of Telangana Respondents

JUDGEMENT

(1.) This criminal petition is filed by the petitioner/A3-/V. Srinivasan, no other than the Vice-Chairman and Managing Director of A7-M/s. India Cements Limited, under Section 482 Cr.P.C., praying to quash the proceedings in CC No. 24 of 2013 on the file of the learned Principal Special Judge for C.B.I Cases, Hyderabad at Nampally, which is the outcome of FIR in RC No. 19(A)/2011, registered on 17.8.2011, for the offences punishable under Sections 120-B read with 420, 409, 477-A IPC and Section 13(1)(C&D) of the Prevention of Corruption Act, 1988, against more than 73 accused (where the petitioner-A3 was not named), pursuant to the directions in WP Nos. 794 and 6604 of 2011, and after investigation and final report submitted by the state through C.B.I, Hyderabad, the learned Special Judge for C.B.I. cases, Hyderabad has taken cognizance for the offences punishable under Sections 120-B read with 420 IPC and Section 12 of the Prevention of Corruption Act, 1988, in so far as against the petitioner/A3 concerned, leave about other 8 accused charged including A7-M/s. India Cements Limited, rep. by its Vice-Chairman and Managing Director(petitioner/A3-/V. Srinivasan).

(2.) Brief allegations in the charge-sheet insofar against the petitioner/A3 concerned are the following:

(3.) From the above there is no specific role of petitioner/A3 to attribute, but for if at all he represented the India Cements Limited (A7) being its Vice-Chairman-cum-Managing Director. It discloses that the investigation proceeded on accusing the petitioner/A3 from his status to the India Cements Limited (A7) being its Vice-Chairman-cum-Managing Director and beyond that there is nothing of how personally and if not at least by what provision or fiction of law by virtue of his status vicariously liable to charge for n of the offences. However, it is averred /fat in brief the charge-sheet filed by 2m respondent reveals the role of petitioner/AM Sri N. Srinivasan as follows: