IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.6054 of 2024 Between: B Shivaji Ganesh Reddy, S/o. B. Venkata Reddy, Aged about 38 years Occ: Business, R/o. Rachuru, West Godavari District, Andhra Pradesh. ...Petitioner/Sole Accused AND 1. The State of Andhra Pradesh, Rep. by The Station House Officer, Devarapalli Police Station, East Godavari District, Andhra Pradesh through the Public Prosecutor, High Court of AP, Amaravati, Andhra Pradesh. 2. Andru Srinivasarao, S/o.Subbarao, Aged about 52 years, Occ: Agriculturist, Gowripatnam, Devarapalli Mandal, East Godavari District, Andhra Pradesh. 3. ICICI Bank, Narayanapuram Branch, Narayananpuram, Plot No. 5 52, Beside JDM Complex, Unguturu Mandal, Unguturu, Eluru District - 534406. ...Respondents/De-facto Complainant 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 quash the F.I.R. No. 237 of 2024 dated 30.07.2024, on the file of the Devarapalli Police Station, East Godavari District. 9 I.A. NO: 2 OF 2024 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 direct the respondent to cancel the freeze on the petitioner’s Bank Account i.e SB Ac No 450001000033 in Narayanapuram branch, ICICI Bank, Unguturu, Eluru District/Respondent no.3 bank. I.A. NO: 3 OF 2024 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 stay all further proceedings arising out of F.I.R. No.237 of 2024 dated 30.07.2024, in the Devarapalli Police Station, East Godavari District, including investigation. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Ashok Ram V, Advocate for the Petitioner and the Public Prosecutor behalf of the Respondent No.1 and of Sri B Jaya Prabhakara Rao, Advocate for the Respondent No.2 and of Sri Kunuku Rajasekhar, Advocate for the Respondent No.3. on The Court made the following: 9 APHC010378572024 THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE HARINATH.N rpiMlNAL PETITION NO: 6054/2024 IN [3457] SJ0 0 THE Between; B Shivaji Ganesh Reddy ...PETITIONER/ACCUSED AND ...RESP0NDENT/C0MPLAINANT{S) State Of Andra Pradesh and Others Counsel for the Petitioner/accused. 1.ASHOK RAM V Counsel for the Respondent/complainant(S); 1.PUBLIC PROSECUTOR 2.B JAYA PRABHAKARA RAO 3.KUNUKU RAJA SEKHAR The Court made the following Order; submits that the petitioner has The learned counsel for the petitioner accused in Crime No. 237 of 2024 on the file of the been arraigned as an Devarapalli Police Station, East Godavari under Section 318(4) of the BNS, 2023. i District, for the alleged offence submitted that the petitioner has entered into an agreement of lease executed with the 2. It is for a fish/prawn pond. An agreement dated 31.03.2023 was 2 the petitioner paid the lease rental for a period of one year; however, due to subsequent losses, the petitioner could not pay the lease rental thereafter. Alleging cheating, the 2-respondent has filed a complaint before the police, and the police have registered a under Section 318(4) of BNS. it is submitted that, on the representation of the . 2^- respondent, the police have addressed a letter to the 3'^ respondent seeking the freezing of the petitioner’s bank account maintained with the 3" spondent/bank, bearing Account No. SB AC No. 450001000033. 2""* respondent. It is further submitted that case re respondent submits that the completely uncommunicative when the lease rental. It is respondent has filed a nd learned counsel appearing for the 2 3. The has absconded and has been tried to contact him regarding petitioner the 2"^ respondent nd Other option, the 2 submitted that, having no complaint. petitioner placed reliance on the judgments matters of Neetu Singh & Others vs. and Lain Chaturvedi & Others vs. State of Uttar The learned counsel for the of the Hon’ble Supreme Court in the State of U.P. & others 4. Pradesh & others. House Officer, Devarapalli Police shall complete the investigation by following under Section 35(3) of BNSS. it is also made 5. Considering the same, the Station Station, East Godavari District the provisions as contemplated the Station House Officer, Devarapalli Police Station, shall clear that respondent to defreeze the account of the petitioner. communicate to the 3 3 With these observations, this Criminal Petition is disposed off. 6. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- A VENUGOPALA RAO ASSISTANT REGISTRAR //TRUE COPY// FFICER SE To The Station House Officer, Devarapalli Police Station, East Godavari District. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh, Amaravathi [OUT] One CC to Sri Ashok Ram V, Advocate [OPUC] One CC to Sri Kunuku Rajasekhar, Advocate [OPUC] One CC to Sri B Jaya Prabhakara Rao, Advocate [OPUC] Three CD Copies 1. 2. 3. 4. 5. 6. TK sree r HIGH COURT DATED:25/03/2025 ORDER CRLP.No.6054 of 2024 I 26 MAR 2025 Current Section . , 'i*/ DISPOSING OF THE CRIMINAL PETITION