PAWAN MALHAN Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Initially, the Writ Petition was filed seeking the following relief:

(2.) I.A.No. 1 of 2022 is filed for amendment of prayer as under:

(3.) Sri P. Vishnuvardhan Reddy, learned counsel representing Sri R. Balaraj Goud, learned counsel for the petitioners submits that petitioner No.1 is the Managing Director of e-BIZ.com. Pvt. Ltd., which is into Direct Selling Entity and is registered /incorporated with the Registrar of Companies as per the Companies Act, 1956. He submits that in the Memorandum of Association of the company, it is stated that the company is created to do business in whole of India or abroad and the company is working directly in accordance with the Model Framework for guidelines on direct selling as published in the Gazette of India by the Central Government and even the Government of India has listed the company as Direct Selling Entity at Sl.No. 135. It is submitted that the company does not collect any amount for joining in the company and any person can join the company without any cost as retailer and do business by selling its product / services to consumers. It is submitted that in addition to that, the company provides 18 computer courses absolutely free of cost to its retailers and also the company is not running any pyramid scheme. It is further submitted that on 4/2/2019, the petitioners came to know that FIR No. 93 of 2017 dtd. 21/4/2017 is registered on the file of Adilabad Police Station for the offences under Sec. 420 read with Sec. 34 IPC. and Sec. 4 of Prize Chits and Money Circulation Scheme (Banning) Act, 1978. It is submitted that the police from Adilabad-I Town Police Station along with police from Noida reached the office premises of the company and made inquiry from the office staff and petitioner No.1 is not available in the office. Learned counsel submits that later, the petitioners found that the said team is here in connection with FIR No. 93 of 2017 dtd. 21/4/2017 and they filed Crl.P.No. 798 of 2019 before this Court to quash the proceedings in FIR No. 93 of 2017 and the same is pending. It is submitted that thereafter, multiple FIRs. were registered and along with Crime No. 93 of 2017, six FIRs., were registered at Adilabad Town, Madhapur, Gachibowli, KPHB Colony, Rajendernagar and Meerpet Police Stations. It is also submitted that further, on 8/3/2019, the officers of the