APHC010329192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 0f 'O TUESDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.6932 of 2025 ■''•.A In Between: Rushikesh Paricharak, S/o. Hanumant Paricharak @ Paricharak, aged about 42 Years, R/o. D.No.11015/5 Hanmant Postal Colony, Near Paine Plot, Haripuroad Village, Sangli District, Maharashtra - 416416. ...PETITIONER/ACCUSED N0.12 AND 1. The State of Andhra Pradesh, Rep. by Inspector Regional office, Visakhapatnam, Through its Public Prosecutor Court of Andhra Pradesh. 2. Chukkala Ganapathi Rao, S/o. Appa Rao, Sambara Village, Makkuva Mandal, Vizianagaram District. of Police, CID, High aged about 30 Years, R/o. ...RESPONDENTS/COMPLAINANT Petition under Section 528 of BNSS (under Section 482 of Cr.P.C) is filed 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 Nb.4 of 2017 on the file of Hon’ble Court of the V Metropolitan Sessions Judge-Cum-Special Court under A.P. Protection of Depositors of Financial Establishment Act, 1999, of Gajuwaka P.S., Visakhapatnam City and allow the Criminal petition. lA NO: 2 OF 2025 Petition under Section 528 of BNSS (under Section 482 of Cr.P.C) i: filed 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 IS Metropolitan Sessions Judge-Cum-Special Court under A.P. Protection Depositors of Financial Establishment Act of 1999, of Gajuwaka P.S., Visakhapatnam City, pending disposal of the Criminal Petition. Counsel for the Petitioner : SRI SHAIK MOHAMMED ISMAIL Counsel for Respondent No.1 : PUBLIC PROSECUTOR Counsel for Respondent No.2 : NONE APPEARED The Court made the following ORDER : APHC010329192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6932/2025 Between: 1.RUSHIKESH PARICHARAK, S/0. HANUMANT PARICHARAK, HANMANT PARICHARAK, AGED ABOUT 42 YEARS, R/0. D.NO.L 1015/5, POSTAL COLONY, NEAR PAINE PLOT, HARIPUROAD VILLAGE, SANGLI DISTRICT, MAHARASHTRA-416416 ...PETITIONER/ACCUSED 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/0. APPA RAO, AGED ABOUT 30 R/0. SAMBARA VILLAGE, MAKKUVA MANDAL, YEARS VIZIANAGARAM DISTRICT ...RESPONDENT/COMPLAINANT(S): Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to quash the Order dated 27.02.2017 passed in C.C No.4 of 2017 on the file of HonT)le 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 and allow the criminal petition 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 certified copy of the Order dated 27.02.2017 passed in C.C No.4 of 2017 on the file of HonT)le 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, in the interest of justice 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 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 Honhie 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, pending disposal of the Criminal Petition and pass Counsel for the Petitioner/accused: 1.SHAIK MOHAMMED ISMAIL Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 The Court made the following Order: Heard learned counsel for the petitioner/Accused No. 12 and the learned Additional Public Prosecutor appearing for the State. The learned counsel for the petitioner submits that the petitioner is aggrieved by the pendency of Non-Bailable Warrants in C.C.No.4 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. The petitioner is arrayed as accused No. 12 in the said case. The learned counsel for the petitioner submits that the accused Nos.1 and 2 has filed Transfer CrI.P.Nos.19 and 20 of 2022 before this Court seeking transfer of C.C.No.4 of 2017 from Visakhapatnam to Guntur Court wherein this Court has granted stay of all further proceedings including appearance of petitioners/AI & A2 in C.C.No.4 of 2017. Learned counsel for the petitioner submits that the petitioner was under a 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. Considering the submissions made and in view of the interim stay granted by this Court, liberty is granted to the petitioner to file a petition seeking recall of warrant before the learned Sessions Judge by appearing in- person. On filing of such petition, the learned Sessions Judge shall recall the same and also impose conditions, as required for disposal of C.C.No.4 of 2. 3. 4. 5. 2017 expeditiously. 4 Accordingly, the Criminal Petition is disposed of. Pending miscellaneous petitions, if any, shall stand closed. SOI- B.CHITTI JOSEPH ASSISTANT REGISTRAR 6. 7. //TRUE COPY// SECTION OFFICER To 1. The Metropolitan Sessions Judge-Cum-Special Court under A.P. Protection of Depositors of Financial Establishment Act, 1999, of Gajuwaka, Visakhapatnam District. 2. The Inspector of Police, CID, Regional office, Visakhapatnam, Visakhapatnam District. 3. The Station House Officer, Gajuwaka Police Station, Visakhapatnam District. 4. One CC to Sri Shaik Mohammed Ismail, Advocate [OPUC] 5. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh, Amaravathi [OUT] 6. Three CD Copies TK TAC HIGH COURT DATED:08/07/2025 ORDER CRLP No.6932 of 2025 r m, 9^.^ . Current Section ^ ^*^gSPATC^ DISPOSING OF THE CRIMINAL PETITION