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 NO: 4090 OF 2024 Between: Devireddy Vijay Kumar Reddy, S/o Radha Krishna Reddy, aged about 55 years, R/o Chaiivendrapaiem, Kankipadu (M), Krishna Dt., ...Petitioner/Petitioner Property Holder/S'^'* Party AND 1. The State Rep. By Investigating Officer/Addl.Dy.Commissioner of Poiice, Cyber Crime P.S., NTR Dist.,(Complainant) 2. Sankalp and Siddhi Ecard India Private Limited., Rep. by its C.M.D., Gutha Venu Gopala Krishna, S/o.Vara Prasada Rao, aged 53 Yrs, Flat No.402, R/o Poplar Towers, Ramanagar-Gandhi Nagar, Vijayawada 52003 (Accused No-1) ...Respondents 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 call for the records in CrI.M.P.94/2023 in Crime No.51/2022 Cyber Crime Police Station Vijayawada and Quash the order Dt. 15-05-2024 passed in CrI.M.P.94/2023 by the learned Metropolitan Sessions Judge, Vijayawada. / l-A. NO: 1 OF 2024 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 direct the Respondent No.1 to release the property bearing D.No.40-1-139/5 M.G. Road, Vijayawada from seizure. • »( This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Vajjhala Satyanarayana Prasad, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent No.2. The Court made the following Order: 1 1 CRLP. No.4090 of 2024 APHC010253752024 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: 4090/2024 Between: Devireddy Vijay Kumar Reddy, ...PETITIONER/ACCUSED AND The State and Others Counsel for the Petitioner/accused: 1.VAJJHALA SATYANARAYANA PRASAD Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR ...RESPONDENT/COMPLAINANT(S) The Court made the following: 2 CRLP. No.4090 of 2024 / THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.4090 OF 2024 ORDER: 1. Heard the learned senior counsel assisted by Sri V.S.Prasad, the learned counsel for the petitioner and the learned Assistant Public Prosecutor appearing for the State. 2. The learned senior counsel appearing for the petitioner submits that the petitioner is aggrieved by the order dated 15.05.2024 in CrI.M.P. No.94 of 2023, in Crime No.51 of 2022 of Cyber Crime Police Station, passed by the Special Judge for Trial of NDPS Act cases-cum-Metropolita n Sessions Judge, Vijayawada. 3. It is submitted that the petitioner is the lawful owner of the property bearing Door No.40-1-139/5, situated at M.G. Road, Vijayawada. The said property was taken on lease by the principal accused in Crime No.51 of 2022. On account of the alleged involvement of the accused in commission of the offences punishable under Sections 420 and 120-B of the Indian Penal Code, Sections 4 and 5 of the Andhra Pradesh Protection of Depositors of Financial Establishments Act, 1999, Section 66 of the Information Technology Act, and Section 4 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978, the property is CRL.P. No.4090 of 20^ under the lock District. and key of the Cyber Crime Station Police Station NTR 4. The petitioner filed 'earned Sessions 9 Pet/tion / - Judge under Sections 'U Cr/.M.P,No,94 451 and 457(2) property. The i landing Sessions Judge I 3ud, in the absence hand of 2023 before of the Code the Criminal Procedure officer has also lire petitioner. Of seeking custody expressed of the 'ovest/gating property to observed that no objection to However, the learned under lease to A over the property was the order from the petitioner of a decree Court, declined thereby dismiss or an property to the over the ed the petition, senior counsel further The learned C.S. No.211 Division), Vijayawada submits that the VII Additional petitioner has filed Civil Judge (Senior end damages, copy of the decree has 0^ 2024 before seeking recovery of on 04.03.2025, possession The said suit was decreed been filed along with a memo. and a 6- Considering the submissions and upon perusal rendered by the Vll the order judgment I '^udge (Senior 'Judge for Trial '/(/ayawada I the decree Additional Civil passed by the Special J Sessions Judge, No.40-1- iri O.S. Mo. 211 and of 2024 Division), Vijayawada, of NDPS Act hereby set oases-cum-Metropolitan (S aside. The property bearing Door 4 / CRLP. No.4090 of 2024 ; 139/5, situated in M.G. Road, Vijayawada, is directed to be handed to the petitioner. 7. Accordingly, the criminal petition is allowed. 8. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed. over Sd/- K TATA RAO DEPUTY REGISTRAR ^SECTION OFFICER //TRUE COPY// To, 1. The Metropolitan Sessions Judge-cum-Spl. Judge for trial of APPDFE Act cases, Vijayawada, Krishna District The Station House Officer, Vijayawada Cyber Crime Police Station, Krishna District. 2. 3. One CC to Sri Vajjhala Satyanarayana Prasad, Advocate [OPUC] Two CC's to the Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT] Three CD Copies 4. 5. SAM vna ‘ <■ high court DATED:07/05/2025 ORDER ^RLP.No.4090 of 2024 allowing the CRLP