Naweed Arif Ali Khan vs. Khaja Ruknuddin

THE HON'BLE DR.JUSTICE SHAMEEM AKTHER

CRIMINAL PETITION NO.979 OF 2018

ORDER:

This petition is filed by the petitioners-A1 and A2 under Section 482 Cr.P.C. to quash the proceedings in Cr.No.151 of 2015 on the file of the Station House Officer, Central Crime Station, Hyderabad.

2. Heard learned counsel for the petitioners, learned Assistant Public Prosecutor representing the State and perused the record.

3. Learned counsel for the petitioners would submit that the petitioners are innocent persons and falsely implicated in this case. The petitioners have nothing to do with the alleged mis-appropriation. The petitioners are unemployees and ultimately, prayed to allow the petition.

4. On the other hand, learned Assistant Public Prosecutor opposed the relief sought for by the petitioners in the petition.

5. The material on record reveals that the petitioners-A1 and A2 were working as Accountant and Junior Accountant in the school run by Sultan-ul-Uloom Education Society. The Secretary of the said Education Society by name, Khaja Ruknuddin lodged a report with the police stating that the petitioners received tuition fee etc., from the students and their parents during several years and committed fraud to a tune of Rs.2 crores. It is also alleged that the petitioners have got filed challans showing deposits of money in the S.B.H. account of the school. There are specific and grave allegations against the petitioners. The allegations do require thorough investigation with regard to innocence or otherwise of the petitioners. It cannot be held that the allegations leveled against the petitioners do not constitute any offence under the penal provisions as mentioned above. It cannot be held that the petitioners are innocent persons and falsely implicated in this case. Continuation of investigation would not be an abuse of process of law. Therefore, the petition is devoid of merit and is liable to be dismissed.

6. Accordingly, the Criminal Petition is dismissed. Miscellaneous petitions, if any pending in this Criminal Petition shall stand closed.