GSR pre launch fraud : Associates of Guntupalli Srinivasa Rao seek legal relief
Hyderabad: Although the prime accused in GSR pre launch fraud accused Guntupalli Srinivasa Rao was arrested, still police have to arrest two of his associates Chadalawada Srinivasa Rao and Vemavarapu Sathya Shilpa in connection with the scam.
The law enforcement officials couldn’t arrest the two accused as both knocked the doors of Telangana High court and appealed the court to quash a case filed by the Economic offence wing(EOW) of Cyberabad.
Vemavarapu Sathya Shilpa approached the high court and appealed to quash the proceedings against her by EOW Cyberabad Police. The court observed that “As seen from the record, the averments of the petition do not constitute offence under Section 409 of IPC. Hence, this Court deems it appropriate to direct the petitioner to appear before the Investigating Officer on or before 30 July 2024 and inturn the Investigating Officer is directed to follow the procedure laid down under Section 35 (3) BNSS and also the guidelines formulated by the Supreme Court”
Further directed Shilpa to co-operate with the Investigating Officer as and when required by furnishing information and the petitioner shall produce all relevant documents/material required for the purpose of the investigation and the Investigating Officer shall consider the same before filing appropriate report before the Magistrate concerned.
Chadalawada Srinivasa Rao approached the high court and contended that he is only a Director and he is not the agreement holder of any of the victims. Therefore, Section 409 of I.P.C, is not applicable to the petitioner. Subsequently prayed to quash the proceedings against him.
The court observed that “As seen from the record, petitioner is not the agreement holder and there is no entrustment of property to him. As such, prima-facie, Section 409 of I.P.C, is not attracted to the petitioner. Since the punishment prescribed for the other offences alleged against the petitioner is less than seven (07) years, this Court deems it appropriate to direct the petitioner to appear before the Investigating Officer on or before 31 July, and in turn the Investigating Officer is directed to follow the procedure laid down under Section 41-A Cr.P.C., and also the guidelines formulated by the Supreme Court
Further the court ordered Chadalawada to co-operate with the Investigating Officer as and when required by furnishing information and documents as sought by him in concluding the investigation. Chadalawada shall file all the documents which he ought to file to prove that it do not come under the criminal offences and the Investigating Officer shall consider the same before filing appropriate report before the Magistrate. However, if the petitioner fails to appear before the investigating officer, within the time granted, the investigating officer is at liberty to take action in accordance with law.
Subsequently EOW officials couldn’t arrest both of them. “Chadalawada Srinivas Rao and Vemavarapu Sathya Shilpa both working as sales executive and marketing partner colluded with prime accused and collected huge amounts from the innocent people in the guise of pre-launch offers of residential villas and flats by claiming which are proposed to construct at Kollur village by their company.” alleged EOW officials in the official press note released while announcing the arrest of prime accused Guntapalli Srinivasa Rao.
