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HC lifts stay on Chandana Bros promoters arrest
The management of well-known cloth store chain Chandana Brothers, Chandana Mohan Rao and Dr Jana Rama Rao suffered a legal blow on Wednesday when the High Court at Hyderabad vacated the stay on their arrest in a cheating and criminal intimidation case registered against them in Nagarapalem Police Station of Guntur district.
Hyderabad: The management of well-known cloth store chain Chandana Brothers, Chandana Mohan Rao and Dr Jana Rama Rao suffered a legal blow on Wednesday when the High Court at Hyderabad vacated the stay on their arrest in a cheating and criminal intimidation case registered against them in Nagarapalem Police Station of Guntur district.
A single judge of the High Court at Hyderabad had granted the stay of arrest when the two accused moved two writ petitions hiding the facts. The brief facts of the case are that the police registered the cases of cheating and criminal intimidation against the two based on a complaint by K Phanindra, son of former minister Kanna Laxminarayana. The complainant alleged that the followers of Chandana Brothers management led by these two persons had threatened him and tried to attack him.
The complainant alleged in his complaint that he gave Rs 14 crore as hand loan at Guntur to both the accused on interest for their business purposes. They paid interest for three months and executed loan agreement on April 16, 2016 and also gave two cheques worth Rs.7 crores each as surety.
However with the intention of evading repayment, they filed a civil suit against him in City Civil Court Hyderabad with fake documents. He also accused that they threatened him with dire consequences when he insisted on repayment.
The police registered the case of cheating and criminal intimidation against the management of Chandana Brothers. Apprehending the arrest, both the accused approached the High Court seeking anticipatory bail by filing separate writ petitions. When they were dismissed by a single judge, they filed another set of petitions before another single judge, suppressing the fact of earlier writ petitions.
They were granted stay of arrest by this single judge. Aggrieved by that order, Phanindra moved two separate writ appeals which came up before the division bench comprising Acting Chief Justice Ramesh Ranganathan and Justice Shameem Akhter on Wednesday.
Vinod Kumar Deshpande, senior counsel appearing for the appellant submitted that both the accused have suppressed the fact of dismissal of their criminal petitions by another single judge seeking anticipatory bail and this amounted to nothing but misleading the court and also illegal. The bench vacated the stay granted by the single judge.
