APHC010368462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI r- THURSDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No.7663 of 2025 Between: Katikala Bhogeswari, W/o Uppalapati Ravi Kumar, Aged about 39 years, R/o. D.No.25-10-1, Backside of DNR College, Bhimeswara Swamy Colony, Bhimavaram Town, Bhimavaram Mandal Godavari District. West ...Petitioner/Petitioner AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi, Nelapadu, Guntur District, through SHO, II Town Police Station, Bhimavaram, West Godavari District. ...Respondent/Respondent 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 quash the order dated 06-06-2024 in Crl.MP.No.338 of 2024 in Crime No.217 of 2023 passed by the Court of the II Additional Civil Judge (Junior Division)-cum- Judicial Magistrate of First Class, Bhimavaram, West Godavari District and IS consequently direct to return the seized amount of Rs. 11,30,000/- in Crime No.217 of 2023 on the file of the Bhimavaram II Town Police Station Godavari District in favour of the petitioner. Counsel for the Petitioner Bhimavaram, West : Sri P Durga Prasad Counsel for the Respondent : Public Prosecutor The Court made the following ORDER: •• ■ r • / APHC010368462025 :■ r ‘ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Jurisdiction) THURSDAY, THE TWEfsITY FOURTH DAY OF JULY TWO THOUSAND^ND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTidiE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No.7663/2025 [3396] Z Between: KATIKALA BHOGESWARI, W/0 UPPALAPATI RAVI KUMAR, AGED ABOUT 39 YEARS, R/0 D.NO: 25-10-1, BACKSIDE OF DNR COLLEGE, BHIMESWARA SWAMY COLONY, BHIMAVARAM TOWN^ BHIMAVARAM MANDAL, V^EST,GODAVARI DISTRICT. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI, NELAPADU, Gtl^TUR DISTRICT, THROUGH SHO II TOWN POLICE STATION, .BHIMAVARAM, WEST GODAVARI DISTRICT. ...RESPONDEMT/COfiPLAIMAMT Coun.'iel for the Petitioner/accused:, 1.P DURGA PRASAD Counsel for the Respondent/compfainant: 1. PUBLIC PROSECUTOR The Court made the follo¥/ing: ORDER; I I I I The instant Criminal Petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 has beehTiled, by the Petitioner, seeking to quash the Order dated 06.06.2024 in CrLM.P.No.338 of 2024 in Crime No.217 of 2023 on the file of the Court of II Additional Civil Judge(Junior Division)-cum- Judicial Magistrate of First Class, Bhimavaram and consequently direct to return the seized amount of Rs.11,30,000/- to the Petitioner. 2'" 2. Sri A.S.K.S.Bhargav, learned counsel for the Petitioner would submit that the Accused had taken an amount of Rs.35,30,000/- from the Petitioner fraudulently through online transfer and the Police has freezed F^s. 11,30,000/-, from the suspect’s account and the same amount belongs to the Petitioner. Learned counsel would further submit that the Petitioner is ready to furnish sufficient security for release of the said amount. Ms.K.Priyanka Lakshmi, learned?Assistant Public Prosecutor would submit that the Court may pass appropriate orders. Considering the submissions made, the Criminal Petition is allowed setting aside the Order dated 06.06.2024in Crl.M.P.No.338 of 2024 in Crime No.217 of 2023 on the file of the Court of II Additional Civil Judge(Junior Division)-cum-Judicial Magistrate of First Class, consequently concerned Police are directed to return cash of Rs.11,30,000/- to the Petitioner after obtaining FDR fpr the said amount. The Police are a sum of 3. 4. Bhimavaram and directed to take photographs / videographs of the said currency notes. Pending applications, if any, shall stand closed. Sd/- B CHITTI JOSEPH ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER 1. The II Additional Civil Judge (Junior Division)-cum- Judicial Magistrate of First Class, Bhimavaram, West Godavari District. 2. The Station House Officer, Bhimavaram Godavari District. 3. Two CCS to the Public Prosecutor, High Court of Andhra Pradesh Amaravathi[OUT] 4. One CC to Sri P Durga Prasad, Advocate [OPUC] 5. Two CD Copies To II Town Police Station, West TK sree HIGH COURT DATED:24/07/2025 ORDER GRLP No.7663 of 2025 ^ 2 I AUG 2025 entSectio Co vv^/ ALLOWING THE CRIMINAL PETITION