MOHSINAHMED MUSTAQAHMED SHAIKH @ MOSHIN SHAK AHEMAD v. THE STATE OF ANDHRA PRADESH
CRLP/2592/2025 · 2025-03-11
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10388 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10388 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
I \ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY. THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 2592 OF 2025 Between:
1. Mohsinahmed Mustaqahmed Shaikh @ Moshin Shak Ahemad Mustaqahmed Shaik, Aged 35 years, R/o. Plot No.2A, left ujwal nagar, Belgaum, Shivaji Nagar, Belgaum District, Karnataka State. S/o. cross
2. Nuzhat Mohsinahmed Shaikh, @ Nuzath, W/o. Mohsinahmed Shaikh. Aged 32 years, R/o. Plot N0.2A, left S**" cross ujwal nagar Belgaum, Shivaji Nagar, Belgaum District, Karnataka State. ...PETITIONERS/ACCUSED 2 & 3 AND
1. The State Of Andhra Pradesh, Rep. By its Public Prosecutor, Court at Amaravathi, Through Station House Officer, Muvvalavanipalem Police Station. Visakhapatnam Commissionerate.. 2. Pyla Venkatrao, S/o. Adhi Narayana, Aged 49 years, R/o. D.No.5-566, S.I.G. Nagar, Visakhapatnam City, Visakhapatnam District. ...RESPONDENT/COMPLAINANTS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to quash the proceedings in FIR No.60/2025 on the file of Muvvalavanipalem Police Station, Visakhapatnam Commissionerate dated 04.02.2025 I.A. NO: 1 OF 209R High Petition under Section 482 of Cr.P.C, Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to dispense with filing of FIR No.60/2025 on
% the file of Muvvalavanipalem Commissionerate dated 04.02.2025. I.A. NO: 2 OF 207fi Police Station, Visakhapatnam F^etition under Section 482 of Cr.P.C circumstances stated in the Memorandum of Grounds , the High Court may be pleased to stay of all further No.60/2025 on the file of Muvvalavanipalem Police Commissionerate dated 04.02.2025 praying that in the of Criminal Petition. proceedings in FIR Station, Visakhapatnam pending disposal of the quash petition This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Sravan Kumar Naidana, Advocate for the Petitioner and the Public Prosecutor (AP) on behalf of the Respondent No. 1 The Court made the following ORDER:
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APHC010118202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 2592/2025 Between; Mohsinahmed Mustaqahmed Shaikh @ Moshin ...PETITIONER/ACCUSED(S) Shak Ahemad and Others AND The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused(S):
1.SRAVAN KUMAR NAIDANA Counsel for the Respondent/complainant(S):
1. PUBLIC PROSECUTOR The Court made the following Order: ...RESPONDENT/COMPLAINANT(S) The learned counsel appearing for the petitioners submits that the petitioners have been arraigned as Accused Nos. 2 and 3 in Crime No. 60 of 2025 on the file of Muvvalavanipalem Police Station, Visakhapatnam Commissionerate. The learned counsel for the petitioners submits that, allegations in the complaint, the provisions of the Banning of Unregulated
2. even as per the
2 . Deposit Schemes Act, 2019 (BUDS Act, 2019), would not be attracted. It is further submitted that Section 3(17) defines an 'unregulated deposit scheme,' and the same would not be applicable insofar as the allegations against the petitioners are concerned. 3. It is submitted that the petitioners are alleged to have been working for a consultancy by the name Nuz Overseas Carrier Consultancy and that they had paid amounts to the Managing Director (MD) of the consultancy, who is arraigned as the 1®' accused, for securing jobs. It is also submitted that, even as per the complaint, the de facto complainant was sent abroad for work but did not like working there as he was ill-treated. Upon the complaint of the de facto complainant, the petitioners and the 1®' accused brought him back to India. The de facto complainant demanded repayment of money, which was denied by both the 1®‘ accused and the petitioners. On the strength of the complaint, the police registered Crime No. 60 of 2025 for the alleged offences under Sections 318(4), 61(2) r/w 3(5) of BNS and Sections 21(1)(2)(3), 22, and 23 of the Banning of Unregulated Deposit Schemes Act, 2019 (BUDS Act, 2019).
As seen from the averments, the provisions of the BUDS Act, 2019, may not be applicable. Considering the same, the Station House Officer/Investigating Officer of Muvvalavanipalem Police Station, Visakhapatnam Commissionerate, is hereby directed to complete the investigation in Crime No. 60 of 2025 without taking any coercive steps against the petitioners. 4. 3
5. Accordingly, this Criminal Petition is disposed off. As a sequel, miscellaneous petitions pending, if any, shall stand closed. SOI- P.U.V.BHASKARA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Station House Officer, Muvvalavanipalem Police Station, Visakhapatnam Commissionerate, Visakhapatnam. 2. One CC to SRI. SRAVAN KUMAR NAIDANA, Advocate [OPUC]
3. Two CCs to Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. [OUT]
4. Three CD Copies MV PRK A i
HIGH COURT DATED: 11/03/2025 ORDER CRLP.No.2592 of 2025 AND«3^ X 27 MAR 2025 a . Current Section . DISPOSING OFF THE CRIMINAL PETITION