APHC010200922025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY ,THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4220/2025 Between: Karumanchi Ashok Chowdary and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused(S): 1. RAVI TEJA GUDE Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following Order: Heard learned counsel for the petitioners and learned Assistant Public Prosecutor appearing for the State. 2. The learned counsel for the petitioners submits that the petitioners are arrayed as accused Nos.1 and 2 in Crime No.108 of 2025 on the file of Machavaram Police Station, NTR Commissionerate. It is submitted that the 2nd respondent has filed a complaint alleging offences under Section 420 read with 34 of IPC. It is alleged that petitioners, in collusion with the bank employees of State Bank of India, cheated the 2nd respondent and used the 2 forged signatures of the 2nd respondent and secured mortgage loan at State Bank of India, Chirala branch. 3. The learned counsel for the petitioners submits that the 2nd respondent appeared in person as is evident from the registered deed of mortgage and the photo of the 2nd respondent was captured at the office of the Sub-Registrar. The 2nd respondent had also affixed his thumb impression and also signed the mortgage deed. However, as the business which is arising out of partnership deed dated 18.03.2023 is under losses, the 2nd respondent has resorted to file a false complaint. 4. Recording the submissions, this Court is of the considered view that, ends of justice would meet if the Station House Officer, Machavaram Police Station, NTR Commissionerate, follows the procedure prescribed under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), and the guidelines prescribed by the Apex Court in Arnesh Kumar v. State of Bihar1 and take into consideration the submissions of the petitioners for the purpose of the investigation of the crime. 5. With these observations, the Criminal Petition is disposed of. 6. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ______________________ JUSTICE HARINATH.N Dated : 21.04.2025 BMS 1 (2014) 8 SCC 273