APHC010327162025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI QMS TUESDAY,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6797 OF 2025 Between: Naga Suresh Kapalavayi, S/o. Bhaskara Rao, aged 43 years, R/o. 23- 122/10, Flat No. 402, Kameswari Towers, Saipuram Colony, Gollapudi, Vijayawada, NTR District, Andhra Pradesh. ...PETITIONER/ACCUSED N0.2 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. Veeramallu Ganesh Chandra, S/o. Venkateswara Rao, aged 35 R/o. Annavaram Village, Eluru District, Andhra Pradesh. years. ...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 248/2025 dated 26.06.2025 on the file of the Machavaram Police No. f station, NTR Commissionerate, Vijayawada, NTR District and to quash the same. 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 to stay of all further proceedings in Crime No. 248/2025 dated 26.06.2025 on the file of the Machavaram Police Station, NTR Commissionerate, Vijayawada, NTR District. Counsel for the Petitioner : SRI V SAI KUMAR Counsel for the Respondents : ASSISTANT PUBLIC PROSECUTOR The Court made the following ORDER : 1 HN, J Crl.P.No.6797 2025 APHC010327162025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SMS [3457] TUESDAY,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6797/2025 Between: Naga Suresh Kapalavayi ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1.VSAI KUMAR Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2 HN, J Crl.P.No.6797 2025 The Court made the following Order: 1. The learned counsel for the petitioner submits that the petitioner is arrayed as Accused No.2 in Crime No.248 of 2025, on the file of Machavaram Police Station, NTR Commissionerate, Vijayawada, NTR District, for the alleged offences under Sections 318(4) and 316(2) of the Bharatiya Nyaya Sanhita, (for short, “BNS”), 2023 and Section 5 of the Andhra Pradesh Protection of Depositors in Financial Establishments Act, 1999, (for short, “APPDFEA”). The learned counsel for the petitioner further submits that even as per the complaint, the 2"*^ respondent has deposited the money in the 2. account of a company by the name Advika Trading Company. It is submitted that the petitioner is arrayed as Accused No.2 and that he is merely an agent of the said company. 3. The learned Assistant Public Prosecutor submits that Accused No.1 was issued a notice under Section 160 of the Cr.P.C and that he is cooperating with the investigation. Flowever, Accused no.2 is not cooperating with the investigation. Considering the submissions of both the learned counsel, it appears 4. that Section 5 of the APPDFEA would not be applicable to the petitioner, as no amount was credited to his account. 5. The Station Flouse Officer, Machavaram Police Station, NTR Commissionerate, Vijayawada, NTR District, is directed to complete the investigation in Crime No.248 of 2025, without taking any coercive 3 HN,J^ Crl.P.No.€797_2025 Steps against the petitioner, subject to the condition that the petitioner shall cooperate with the investigation. This would not preclude the Investigating Officer from filing the charge sheet/final report after investigation. Accordingly, this criminal petition is disposed off. 6. As a sequel, pending miscellaneous petitions, if any, shalLstand closed. SD/- K.SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Station House Officer, Machavaram Police Commissionerate, Vijayawada, NTR District 2. One CC to Sri. V Sai Kumar Advocate [OPUC] 3. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh at Amaravathi [OUt] 4. Two CD Copies Station, NTR Stu TAC f HIGH COURT DATED:08/07/2025 ORDER CRLP NO. 6797 OF 2025 DISPOSING OF THE CRIMINAL PETITION