IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION Nd.5174 OF Between: Dr. Riyaz Kamal Musherif, S/o. Kamal Abdul Khader Musherif, about 47 Years, Ex. Marketing Head, N Mart Retails Corporate Office, Dazzle Arcade, Near Axix Bank, Adajan, Surat, Gujarat State Presently residing in Pune. aged ...Petitioner/Accused No.6 AND 1. The State of Andhra Pradesh, Rep. by Inspector of Police, CID, Regional office, Visakhapatnam Through its Public Prosecutor High Court of Andhra Pradesh. 2. Chukkala Ganapathi Rao, S/o. Appa Rao, aged about 30 Years, R/o. Sambara Village, Makkuva Mandal, Vizianagaram District. ...Respondents/Complainant Petition under Section 528 of BNSS Act praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the Order dated 27.02.2017 passed in C.C No.4 of 2017 on the file of Hon’ble Court of the Metropolitan Sessions Judge-Cum-Special Court under A.P. Protection of Depositors of Financial Establishment Act, 1999, of Gajuwaka P.S., Visakhapatnam City to the extent of issuance of NBW against the petitioner and criminal petition. allow the I.A. No.2 OF 2025 Petition under Section 528 of BNSS Act praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of all further proceedings including the execution of the Non Bailable Warrant issued against the Petitioners in C.C No.4 of 2017 on the file of Hon’ble Court of the Metropolitan Sessions Judge-Cum-Special Court under A.P. Protection Depositors of Financial Establishment Act, 1999, of Gajuwaka P.S Visakhapatnam City, pending disposal of the Criminal Petition. of This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Shaik Mohammed Ismail, Advocate for the Petitioner and the Public none appeared Prosecutor (TG/AP) on behalf of the Respondent No.1 and for the Respondent No.2 The Court made the following: APHC010233202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5174/2025 Between: ...PETITIONER/ACCUSED Riyaz Kamal Musherif AND ...RESPONDENT/COMPLAINANT{S) The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused: 1.SHAIK MOHAMMED ISMAIL Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: 2 HN, J Crl.P.No.5174 2025 The Court made the following Order; Heard the learned counsel for the petitioner/Accused No.6 and the learned Assistant Public Prosecutor representing the State. 2. The learned counsel for the petitioner submits that the petitioner is aggrieved by the pendency of Non-Bailable Warrants in C.C.No.04 of 2017 on the file the learned Metropolitan Sessions Judge-Cum-Special-Cum-Special Court under the Andhra Pradesh Protection of Depositors of Financial Establishment Act 1999, Gajuwaka Police Station, Visakhapatnam City. 3. The petitioner is arrayed as accused No.6 in the said case. The learned counsel for the petitioner submits that the accused Nos.1 and 2 has filed Transfer Crl.P.No.19 and 20 of 2022 before this Court seeking transfer of C.C.No.04 of 2017 from Kurnool to Guntur Court wherein this Court has granted stay of all further proceedings including appearance of petitioners/A1 & A2 in C.C.No.05 of 2018. 4. Learned counsel for the petitioner submits that the petitioner was having bonafide impression that the stay was granted in favour of the petitioner herein also and as such, he could not appear before the trial Court. 5. Considering the submissions made and in view of the interim stay by this Court, this Court is of the opinion that the Criminal Petition can be disposed of by granting liberty to the petitioner to file a petition seeking recall of warrant before the learned Sessions Judge by appearing in-person. On filing of such 3 Hh Crl.P.No.5174_2025 petition, the learned Sessions Judge shall recall the same and also impose other conditions, as required for disposal of C.C.No.04 of 2017. 6. Accordingly, the Criminal Petition is disposed of. As a sequel, pending miscellaneous petitions, if any, shall,stand closed. Sd/- G. HELA NAIDU assistant registrar //TRUE COPY// SECTION OFFICER 1. The Metropolitan Sessions Judge-Cum-Special Court under A P Protection of Depositors of Financial Gajuwaka Police Station District. 2. One CC to Sri. Shaik Mohammed 3. Two CCs to the Public Prosecutor. Amaravati [OUT] 4. Three CD Copies To. Establishment Act, 1999. Visakhapatnam City, Visakhapatn am Ismail, Advocate [OPUC] I High Court of Andhra Pradesh V at Gkk Cnr HIGH COURT DATED:07/05/2025 ORDER CRLP.No.5174 of 2025 1 <1 JUL 2025 ^^Js4<i!rrentSectjoj^^C/ DISPOSING THE CRIMINAL PETITION