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2025 DAILYLAW 22968 (AP)

Mutnuru Udaya Kiran v. The State of Andhra Pradesh

CRLP/6706/2025 · 2025-07-03

Harinath N

body2025

Judgment text

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APHC010323942025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI F FRIDAY, THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No: 6706 OF 2025 Between: Mutnuru Udaya Kiran, S/o. M. Sudhakara Rao, Aged about 37 years, Occ Branch Manager (Under Suspension), R/o. Flat No.403, Padma Bhaskar Prakash Residency, NGO s Colony, Akkayyapalem, Visakhapatnam - 530 016 ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi, Guntur District, Through S.H.O., Kovvur Town Police Station, Kovvur, East (Old West Godavari) District. Gade Jaya Ramakrishna, S/O. Ganga Rao, Aged 62 Years, R/o. 46-17- 28/3, Danavaripet, Rajahmahendravaram, Kalakapalli, Tallapudi mandal East Godavari District. 2. ...RESPONDENTS Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the FIR No.564/2021 dated 04.12.2021, pending on the file of S.H.O., Kovvur Town P.S., Kovvur, East (Old West) Godavari District for the alleged offences punishable under sections 406, 419 420, 465, 467, 471 & 120(B) of IPC against the petitioner /Accused No.8. lA No: 2 OF 2025 Petition under Section 528 of BNSS praying that in the circumstances staled in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay of all the proceedings in FIR No.564/2021 dated 04.12.2021, pending on the file of S.H.O., Kovvur Town P.S., Kovvur, East (Old West) Godavari District for the alleged offences punishable under sections 406, 419, 420, 465, 467, 471 & 120(B) of IPC against the petitioner/Accused No.8 including not to take any coercive steps/arrest pending disposal of main quash petition. Counsel for the Petitioner: SMT. PULIPATI RADHIKA Counsel for the Respondent No.1: PUBLIC PROSECUTOR Counsel for the Respondent No.2: None Appeared The Court made the following order: APHC010323942025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] F FRIDAY,THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N r.RiMlNAL PETITION NO: 6706/2025 Between: S/0. M. SUDHAKARA RAO. AGED BRANCH MANAGER (UNDER 1.MUTNURU UDAYA KIRAN ABOUT 37 YEARS, OCC SUSPENSION), R/0. FLAT NO.403, PADMA BHASKAR PRAKASH COLONY, AKKAYYAPALEM, VISAKHAPATNAM RESIDENCY, NGO S - 530 016 ...PETITIONER/ACCUSED AND PRADESH, REP. BY ITS PUBLIC COURT OF ANDHRA PRADESH AT KOWUR 1.THE STATE OF ANDHRA PROSECUTOR, AMARAVATHI, TOWN POLICE DISTRICT. HIGH GUNTUR DISTRICT, THROUGH S.H.O. STATION, KOWUR. EAST (OLD WEST GODAVARI) RAMAKRISHNA, S/0. GANGA RAO, AGED 62 YEARS, RAJAHMAHENDRAVARAM, TALLAPUDI MANDAL EAST GODAVARI DISTRICT ...RESP0NDENT/C0MPLAINANT(S): 2.GADE JAYA DANAVARIPET 46-17-28/3 R/0. KALAKAPALLI, Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS the circumstances stated in the Memorandum of Grounds of High Courtpleased to quash the FIR No.564/202r dated Kovvur Town P.S., Kowur, East praying that in Criminal Petition, the 04.12.2021, pending on the file ofS.H.O. (Old West) Godavari District for the alleged offences punishable under 467 471 & 120(B) of IPC against the petitioner sections 406, 419, 420, 465 /Accused No.8 and pass 2 lA NO: 1 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased pleased to dispense-with the filing of certified copy of FIR No.564/2021 dated 04.12.2021, pending on the file of S.H.O., Kovvur Town P.S., Kovvur, East (Old West) Godavari District for the alleged offences punishable under sections 406, 419, 420, 465, 467, 471 & 120(B) of IPC against the petitioner /Accused No.8 pending disposal of the above Criminal Petition lA NO: 2 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased Pleased to stay of all the proceedings in FIR No.564/2021 dated 04.12.2021, pending on the file of S.H.O., Kovvur Town P.S., Kovvur, East (Old West) Godavari District for the alleged offences punishable under sections 406, 419, 420, 465, 467, 471 & 120(B) of IPC against the petitioner /Accused No.8 including not to take any coercive steps/arrest pending disposal of main quash petition Counsel for the Petitioner/accused; 1.PULIPATI RADHIKA Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR 3 The Court made the following Order: Learned counsel for the petitioner submits that the petitioner is arrayed as accused No.8 in Crime No.564 of 2021 of Kovvur Town Police Station, West Godavari district, for alleged offences under Sections 406, 419, 420, 465 of IPC. 2. Learned counsel for the petitioner submits that the petitioner was issued a notice for appearing before the police for the purpose of investigation and thereafter the petitioner had submitted his explanation and his statement was recorded. However, the petitioner has been arrayed as accused for the sole reason that the Branch Manager sanctioned loan amounts to the 1 accused without validity compounding vouchers of the branch and that he further stated that he was unaware of who signed those documents and as such, the then Manager is roped in as co-accused. It is submitted that the police are now pressurizing the petitioner to surrender. Considering the nature of allegations and also the long pendency of investigation, the Station House Officer, Kovvur Town Police Station, West Godavari district, is directed to complete the investigation in Crime No.564 of 2021, without taking any coercive steps against the petitioner. This would not preclude the Station House Officer from filing final report/charge sheet after investigation of crime. St 3. 4. Accordingly, the Criminal Petition is disposed of. As a sequel, pending miscellaneous petitions, if any, shall stand 5 closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Station House Officer, Kovvur Town Police Station, West Godavari District. 2. One CC to Smt. Pulipati Radhika Advocate [OPUC] 3. Two CC's to The Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT] 4. Two CD Copies. SAM SAM HIGH COURT DATED:04/07/2025 ORDER CRLP No. 6706 Of 2025 ^fandi^ Cj 11 JUL 2025 X m C9 ^ . Current Section DISPOSING OF THE CRLP