APHC010115972025 QMS IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 312 OF 2025 Revision filed under Section 438 read with 442 of BNSS, 2023 against the Order, dated 29-11-2024 passed by the IV Additional Civil Judge (Junior Division) Guntur in Crl.M.P.No.558 of 2024 in Crime No.200 of 2024 on the file of Station House Officer, Lalapet Police Station, Guntur, Guntur District. Between: Telaganedi Nageswara Rao, S/o.Venkateswarlu, Hindu, aged 42 years, R/o.D.No.1-34-215, 1st Lane, Toofan Nagar, Beside HP Gas Godown, Gujjanagundia, Guntur Town. ...PETITIONER AND 1. The State, Inspector of Police, Lalapet Police Station, Guntur. Maddi Hanumantha Rao, S/o.Narasimha Rao, Hindu, aged 61 years, R/o.Pattabhipuram, 3rd Lane, Guntur Town. Kutata Krishna, S/o.Narasaiah, aged 55 years, R/o.D.No.1-5-26, Palakaluru Road, Beside Muslim Burial Ground, Gujjanagundia, Guntur. Kandakatia Siva Naga Kumar, S/o.K.Sambasiva Rao, aged 47 years, R/o.D.No.16-28-86, Surya Nagar, 3rd Lane, Old Guntur, Guntur. 2. 3. 4. f 5. The Manager, ICICI Bank, Lakshmipuram Branch, Guntur. 6. The Manager, Costal Local Area Bank, Brundavan Gardens Branch Guntur. ...RESPONDENTS lA NO: 1 OF 2025 Petition filed under Section 528 of BNSS, 2023 praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the orders of the Inspector of police Lalapet Police Station dated 18.04.2022 and direct the respondents 5 & 6 to allow the petitioner to operate his bank accounts in respondent No.5 & 6 Banks pending disposal of the above Criminal Revision Case. Counsel for the Petitioner : SRI D.KRISHNA MURTHY Counsel for the Respondent No.1: ASSISTANT PUBLIC PROSECUTOR Counsel for the Respondent No.2: SRI ALAPATI LALITH NIKHIL Counsel for the Respondent Nos.3 to 6: NONE APPEARED The Court made the following ORDER : APHC010115972025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SMB [3521] TUESDAY,THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 312/2025 Between: 1.TELAGANEDI NAGESWARA RAO, S/0 VEN KATESWAR LU, HINDU, AGED 42 YEARS, R/0 D.NO. 1-34-215, 1ST LANE, TOOFAN NAGAR, BESIDE HP GAS GODOWN, GUJJANAGUNDLA, GUNTUR TOWN. ...PETITIONER AND 1.THE STATE, INSPECTOR OF POLICE, LALAPET POLICE STATION, GUNTUR. 2.MADDI HANUMANTHA RAO, S/0 NARASIMHA RAO. HINDU, AGED 61 YEARS, R/0 PATTABHIPURAM, 3RD LANE, GUNTUR TOWN 3.KUTALA KRISHNA, S/0 NARASAIAH, AGED 55 YEARS, R/0 D.NO. 1- 5-26, PALAKALURU ROAD. BESIDE MUSLIM BURIAL GROUND, GUJJANAGUNDLA, GUNTUR. 4.KANDAKATLA SIVA NAGA KUMAR, S/0 K. SAMBASIVA RAO, AGED 47 YEARS, R/0 D.NO. 16-28-86, SURYA NAGAR, 3RD LANE. OLD GUNTUR, GUNTUR. 5.THE MANAGER, ICICI BANK, LAKSHMIPURAM BRANCH, GUNTUR. 6.THE MANAGER, COSTAL LOCAL AREA BANK, BRUNDAVAN GARDENS BRANCH, GUNTUR. ...RESPONDENT(S): Counsel for the Petitioner: 1.D KRISHNA MURTHY 2 Counsel for the Respondent(S): 1.ALAPATI LALITH NIKHIL 2.PUBLIC PROSECUTOR The Court made the following; ORDER; The Criminal Revision Case has been filed challenging the order dated 29.11.2024 in CrI.M.P.No.558/2024 in Cr.No.200/2024 of Lalapeta Police Station passed by the learned IV Additional Civil Judge (Junior Division), Guntur in dismissing the Petition filed by the Petitioner under Section 457 of ‘the Cr.P.C.,’ seeking to direct the Respondent No.1 to de-freeze the accounts Nos.630701516780 & 96008254239. 2. Heard the learned Counsel for the Petitioner and the learned Assistant Public Prosecutor. 3. Learned Counsel for the Petitioner contends that Petitioner is nowhere concerned with the case and he is only the brother-in-law of Respondent No.3. On three occasions the Petitioner transferred an amount of Rs.41,55,000/- to the account of Respondent No.3 as he is his brother-in-law and also there are business transactions in between them. The police in order to adopt the arm-twisting method froze the accounts of the Petitioner. 4. Learned Assistant Public Prosecutor contended that the order passed by the learned Trial Court is correct and it is not required to be interfered. 3 Thoughtful consideration is bestowed on the arguments advanced by the learned Counsel for the Petitioner and the learned Assistant Public 5. Prosecutor. I have perused the record. Now the point for consideration is: 6. “Whether the order in Crl.M.RNo.558 of 2024 dated 29.11.2024 passed by the learned IV Additional Civil Judge (Junior Division), Guntur, is correct, legal, and proper with respect to its finding, sentence, or judgment, and there are any material irregularities? And to what relief?” Indeed, the Petitioner is not figured as accused in this case. On the complaint lodged by the de-facto complainant, Respondent No.3, who is the brother-in-law of the Petitioner, was shown as one of the accused in the case. The Petitioner gave hand loan of an amount of Rs.41,55,000/- on three 19.02.2022, 09.03.2022 and 18.03.2022 and the said amounts transferred to the accounts of the Petitioner by Respondent No.3 on 7. occasions on were 29.03.2022. There appears no reason for the Investigating Officer to freeze the accounts of the Petitioner. For freezing the accounts of the Petitioner, prosecution is required to establish the link between the amounts taken by the Respondent No.3 from the de-facto complainant in a deceitful manner and those amounts were transferred to the accounts of the Petitioner. Of Course, it 8. is not the case of the prosecution also. It is also not out of place to mention that the Petitioner filed a Writ Petition before this Court vide W.P.No.6412/2023 for a similar relief, but this Court disposed of the Writ Petition directing the Petitioner to file an application 9. 4 before the jurisdictional Magistrate under Section 457 of ‘the Cr.P.C.,’ for appropriate relief. 10. Even though the investigation is not completed and it is in the progress, as mentioned supra, unless the link is established with the Petitioner about the monies held in his bank are tainted with deception or fraud played by Respondent No.3, the Investigating Officer is not authorized to freeze the accounts. 11. At any rate, freezing the accounts of the Petitioner is not correct, proper and reasonable. Therefore, this Court is inclined to interfere with the order passed by the learned Trial Court, and it is liable to be set aside. 12. In the result, the Criminal Revision Case is allowed, setting aside the order dated 29.11.2024 in Crl.M.P.No.558/2024 in Cr.No.200/2024 of Lalapeta Police Station passed by the learned IV Additional Civil Judge (Junior Division), Guntur defreezing the accounts of the Petitioner bearing Nos.630701516780 & 96008254239 in the interest of justice. No order as to costs. As a sequel, interlocutory applications, if any pending, shall stand SDI- SK.MOHAMMED RAFI ASSISTANT REGISTRAR closed. // //TRUE COPY// SECTION OFFICER To, 1. The IV Additional Civil Judge (Junior Division), Guntur, Guntur District. (With records if any) 2. The Station House Officer, Lalapet Police Station, Guntur, Guntur District. 4 3. One CC to Sri D.Krishna Murthy, Advocate [OPUC] One CC to Sri Alapati Lalith Nikhil, Advocate [OPUC] Two CC's to the Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT] The Section Officer, Criminal Section, High Court of Andhra Pradesh at Amaravati. Two CD Copies BSV 4. 5. 6. 7. TAC *'■ "3-- HIGH COURT DATED:02/09/2025 ^ 0 9 SEP 2025 )S, ^'^gaeauasss/ ORDER CRLRC NO. 312 OF 2025 ALLOWING THE CRIMINAL REVISION CASE WITHOUT COSTS