sjssfczajr APHC010322172025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6723 OF 2025 Between: 1. M Vijay Mohan Rao, S/o M.Narayan Rao, Aged about 38 years Occ: Business, R/o H.No.5-3-160/4, Nizamsagar Road Kamareddy, Kamareddy District, Telangana. 2. A Kiran Kumar, S/o A.Krishna Mohan Rao, Aged about 44 years, Occ: Private employee, R/o. Plot No.8, Nootan Colony Bowenpally, Hyderabad, Telangana 3. Praveen, S/o A.Krishna Mohan Rao, Aged about 45 years, Occ; Private employee, R/o. H.No.1-11/171, Bowenpally, Hyderabad, Telangana. ...Petitioners/Accused No.1-3 AND 1. The State of Andhra Pradesh, Represented by its Public Prosecutor, High Court of Andhra Pradesh, High Court Buildings at Nelapadu, Guntur District, Andhra Pradesh. 2. B Sambashiva Rao, S/o Late B. Venkateshwar Rao, Aged about 47 years, Occ: Business, R/o 19-8-115, Tirupati Urban, Hathiramji Colony, Tirupati, Andhra Pradesh. ...Respondents Petition under Section 528 of BNSS 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 relating to and in connection with Crime No. 104/2017 dated 05.05.2017 on the file of the Alipiri Police Station, Tirupati Urban, Tirupati District (earstwhile Chittoor District), Andhra Pradesh and to quash the same. lA NO: 2 OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay of all further proceedings in Crime No. 104/2017 dated 05.05.2017 on the file of the Alipiri Police Station, Tirupati Urban, Tirupati District (erstwhile Chittoor District), Andhra Pradesh. Counsel for the Petitioners: Sri V Sai Kumar Counsel for the Respondent No.1: Public Prosecutor Counsel for the Respondent No.2: None Appeared The Court made the following order: I APHC010322172025 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) [3457] THURSDAY. THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6723/2025 Between: 1.M VIJAY MOHAN RAO, S/0 M.NARAYAN RAO, AGED ABOUT YEARS OCC BUSINESS, R/0 H.NO.5-3-160/4, NIZAMSAGAR ROAD KAMAREDDY, KAMAREDDY DISTRICT, TELANGANA. 38 2.A KIRAN KUMAR, S/0 A.KRISHNA MOHAN RAO, AGED ABOUT 44 YEARS, OCC PRIVATE EMPLOYEE, R/0.PLOT NO.8, NOOTAN COLONY BOWENPALLY, HYDERABAD. TELANGANA 3.PRAVEEN, S/0 A.KRISHNA MOHAN RAO, AGED ABOUT 45 YEARS, OCC PRIVATE EMPLOYEE, R/0. H.NO.1-11/171, BOWENPALLY HYDERABAD, TELANGANA. ...PETITIONER/ACCUSED{S) AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH HIGH COURT BUILDINGS AT NELAPADU, GUNTUR DISTRICt’ ANDHRA PRADESH. 2.B SAMBASHIVA RAO, S/0 LATE B. VENKATESHWAR RAO, AGED ABOUT 47 YEARS, OCC BUSINESS URBAN, HATHIRAMJI COLONY, TIRUPATI, ANDHRA PRADESH ...RESPONDENT/COMPLAINANT(S): R/0 19-8-115, TIRUPATI Counsel for the Petitioner/accused(S): 1.VSAI KUMAR 2 r- Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR The Court made the following: 3 \ ORDER;- Heard the learned counsel appearing for the petitioners and the learned Assistant Public Prosecutor appearing for the State. The learned counsel for the petitioners submits that the petitioners facing allegations in Crime No. 104 of 2017 for the alleged offences under Sections 420 and 506 r/w 34 of the IPC. This Court, in CrI.P. No.5406 of 2025, directed the police to complete the investigation by following the procedure contemplated under Section 41-A Cr.P.C. It is submitted that the Investigating Officer issued a notice under Section 160 Cr.P.C., calling upon the petitioners to appear in person and to produce any incriminating evidence or information allegedly available with them and within their control, possession, or knowledge, for the purpose of investigation. It is submitted that such a notice cannot be issued to the accused under Section 160 Cr.P.C. 2. are / 3. Accordingly, the notice issued under Section 160 Cr.P.C., calling upon the petitioners to produce any incriminating material or information allegedly available with them or within their control, possession, knowledge, or even in their mind for the purpose of further investigation, is liable to be deleted from the notice. 4. Accordingly, this Criminal Petition is disposed off. 4 ) ♦ f As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- N NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Station House Officer, Alipiri Police Station, Chittoor District. One CC to Sri. V Sai Kumar Advocate [OPUC] Two CC's to the Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT] Two CD Copies 2. 3. 4. SAM vna HIGH COURT DATED:03/07/2025 ^OF ANO^^ ORDER CRLP No. 6723 of 2025 H JUl DISPOSING OF THE CRLP