' APHC010340772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY. THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 7037 OF 2025 Between: 1. Mule Sudhakar Reddy, S/o Mule Subbireddy, Aged about 55 Years, D.No-1-142. Mittamanipalli. Mydukuru, S Mydukuru. YSR Kadapa 2. Band! Harinath,, S/o Chinna Naganna, Aged about 57 Years, 48, Akkulayapalle, Mydukuru, VishwanathapUram, YSR Kadapa ...Petitioners/Accused No. 1 & 2 D.No.9- AND 1. The State of Andhra Pradesh, Represented by S.H.O, Mydukuru U/G PS, YSR Kadapa District Rep. Through the Public Prosecutor, Andhra Pradesh, High Court of Andhra Pradesh at Amaravati. 2. Mula Brahmananda Reddy, S/o Rama Sidda Reddy, State of Sub-Divisional Co-operative Officer, Prodattur, Thupalle Viliage, B.Koduru Mandal ...Respondents Petition under Section 482 of Cr.P.C, r/w 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 Quash dated 01.07.2025, registered on the file of Mydukuru UG P S, YSR Kadapa District for the offences punishable under Sections the FIR No. 262 of 2025 409,420 R/W 34 of the Indian Penal Code, 1860 and Section 79(1) (f) of the AP Co- Societies Act, 1964. in the interest of equity and justice inherent jurisdiction under Section 482 !ANQi2_OF2025 Operative exercising its while of Cr.P.C. Petition under Section 528 of BNSS praying that in the ci - circumstances stated in the Memorandum of Grounds of Criminal Petition the High Court be pleased may be to may arrest of the P fc ■ 'needing stay of arres ofthe Pet,t,oner ,n FIR No. 262 of 2025 dated 01.07.2025, registered the file of Mydukuru UG P9 u' ^ r^- UG PS YSR Kadapa District, pending disposal of the on above Criminal Petition. Counsel for the Petitioners: Counsel for the Respondents: The Court made the following order; SRI N ASHWANI KUMAR PUBLIC PROSECUTOR // APHC010340772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 7037/2025 Between: 1.MULE SUDHAKAR REDDY, S/0 MULE SUBBIREDDY, AGED ABOUT 55 YEARS, D.NO-1-142, MITTAMANIPALLI, MYDUKURU, S MYDUKURU, YSR KADAPA 2.BANDI HARINATH,, S/0 CHINNA NAGANNA, AGED ABOUT 57 MYDUKURU, AKKULAYAPALLE D.NO.9-48, YEARS VISHWANATHAPURAM, YSR KADAPA ...PETITIONER/ACCUSED(S) AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY S.H.O, MYDUKURU U/G PS, YSR KADAPA DISTRICT REP. THROUGH THE PUBLIC PROSECUTOR, STATE OF ANDHRA PRADESH, HIGH COURT OF ANDHRA PRADESH AT AMARAVATI. 2.MULA BRAHMANANDA REDDY, S/0 RAMA SIDDA REDDY, SUB- DIVISIONAL CO-OPERATIVE OFFICER, PRODATTUR, THUPALLE VILIAGE, B.KODURU MANDAL ...RESPONDENT/COMPLAINANT{S): Counsel for the Petitioner/accused(S): 1.N ASHWANI KUMAR Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR The Court made the following; Order: Heard the learned Assistant Public Prosecutor counsel appearing for the petitioners appearing for the State. and the learned 2. The learned Co-operative Officer, Proddatur, misappropriation of funds counsel for the petitioners submits lodged a complaint that the Sub-Divisional on 01.07.2025 alleging on the said of FSCS Ltd., Mydukur. Based complaint, the police registered Crime No.262 of 2025 on the file of Mydukur (U/G) Police Station, Y.S. R. District, for the alleged offences under Sections 409 and 420 read with 34 of IPC and Section 79(1) (f) of the A.P. Co-operative It is submitted that the Societies Act, 1964. could not be made out, also submitted that, advances without been repaid. allegation of misappropriation even as seen from the recitals of the although the petitioners complaint. It is are said to have availed cash any resolution from the Managing Committee, the same has 3. The 1®' petitioner petitioner repaid the , have repaid the entire made out against the petitioners and 420 r/w 34 of IPC and Section Act, 1964. repaid the amount on 08.10.2024, and the 2"^^ amount on 05.05.2025, It is submitted that the petitioners amount along with interest. As such, no case can be for the alleged offences under Sections 409 79(1) (f) of the A.P. Co-operative Societies 3 4. Considering the submissions, the Station House Officer, Mydukur (U/G) Police Station, Y.S.R. District, is directed to complete the investigation Crime No.262 of 2025, duly taking into account all the repayments made by the petitioners, and without taking any coercive steps against them. However, this shall not preclude the Investigating Officer from filing the charge sheet/final report upon completion of the investigation. in 5. Accordingly, this Criminal Petition is disposed off. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- U SRIDEVI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Station House Officer, Mydukuru UG P.S., YSR Kadapa District. One CC to Sri. N Ashwani Kumar, Advocate [OPUC] Two CCs to the Public Prosecutor, High Court of Andhra Amaravati [OUT] Two CD Copies 2. 3. Pradesh, 4. MKP sree ?l ' ! HIGH COURT DATED:09/07/2025 ORDER CRLP NO. 7037 OF 2025 ^OF andh^ n<' (lilfi Curr^Tv' 2: m, ■A DISPOSING THE CRLP