LAWS(TLNG)-2019-4-129

GAGAN AERO SPACE LTD Vs. STATE OF TELANGANA

Decided On April 03, 2019
Gagan Aero Space Ltd Appellant
V/S
State of Telangana Respondents

JUDGEMENT

(1.) Crl.P.No.24634 of 2017 1. a. The petitioners 1 to 6 viz: 1) M/s Gagan Aero Space Limited (for short, 'the Company'), 2) Dr.Subba Rao Pavuluri, Director of the Company 3) Mrs. Anantha lakshmi w/o Dr.Subba Rao Pavuluri, 4) Anurup Pavuluri s/o Dr.Subba Rao Pavuluri, 5) V.Shashi Kumar and 6) G.Mohan Rao-Practicing Company Secretary, are the A.1 to A.6 in C.C.No.328 of 2017(old C.C.No.122 of 2015) on the file of the Special Judge for Economic Offences at Nampally, Hyderabad.

(2.) Impugning the revised cognizance orders, for the offences punishable u/sec.447 and 448 of the Companies Act, 2013 (for short, 'the Act') and Section 120-B IPC, against the petitioners-accused respectively supra, by allotting fresh C.C.No.328 of 2017 & C.C.No.327 of 2017, passed by the learned Special Judge for Economic Offences at Nampally supra, dated dt.20.11.2017 in S.R.No.3326/1/2017 and S.R.No.3326/2/2017, based on the private complaints, dt.30.06.2017 and 03.08.2015 of Rachakonda Siva Kumar- the 2nd respondent/self-same complainant, which is consequent to the common orders, by remand for passing orders afresh, passed in Crl.P.Nos.13470 of 2015 and 13469 of 2015, dated 20.04.2017, by another single judge of this High Court by setting aside the earlier order of that Court taking cognizance for the offences supra and issue of summons to the respective petitioners/accused persons by allotting C.C.No.122 of 2015 & C.C.No.121 of 2015, the present two quash petitions are filed.

(3.) The revised cognizance orders of the learned Special Judge supra dt.20.11.2017, in S.R.No.3326/1/2017 and S.R.No.3326/2/2017, which are subject matter of present quash petitions impugnment, speaks that "having satisfied with the allegations made in the respective complaints coupled with the documents referred to above, it prima facie constitutes the offences supra and directed the office thereby to register the case and allot fresh Calendar Case numbers", since earlier the High Court set aside the earlier order of that Court taking cognizance and issue of summons to respective petitioners/accused persons covered by the earlier calendar cases.