Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 30100 (AP)

Jagatap Mahesh Kumar alias Jashuva v. The State of Andhra Pradesh

CRLRC/904/2025 · 2025-09-11

Y Lakshmana Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010432392025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 904 OF 2025 Revision filed under Section 438 and 442 of BNSS 2023 praying that in the circumstances stated in the affidavit filed in support of the Criminal Revision Case, the High Court may be pleased to set aside the order dated 02.06.2025 in Crl.M.P.No.430 of 2025 in C.C.No.3210 of 2023 filed u/s. 94 and 106 of BNSS on the file of the Court of IV Additional Chief Judicial Magistrate-cum-Additional Mahila Magistrate, Vijayawada so far as the bank accounts bearing A/C. No: 7953002100000139 of Punjab National Bank, Poranki to a tune of Rs.21,34,528-00: A/C.No.7953000100002955 of Punjab National Bank, Poranki to a tune of Rs. 14,95,546-00; A/C.No.50100102067541 of HDFC Bank, Auto Nagar to a tune of Rs.4,99,310-00 of the petitioner and direct the respondent to de-freeze the bank accounts bearing A/C. No: 7953002100000139 of Punjab National Bank, Poranki to a tune of Rs.21,34,528-00; A/C.No.7953000100002955 of Punjab National Bank, Poranki to a tune of Rs.14,95,546-00; A/C.No.50100102067541 of HDFC Bank, Auto Nagar to a tune of Rs.4,99,310-00 of the petitioner. f I lA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent to de-freeze the bank accounts bearing A/C. No: 7953002100000139 of Punjab National Bank, Poranki to a tune of Rs.21,34,528-00; A/C.No.7953000100002955 of Punjab National Bank, Poranki to a tune of Rs.14,95,546-00; A/C.No.50100102067541 of HDFC Bank, Auto Nagar to a tune of Rs.4,99,310-00 of the petitioner. Between: Jagatap Mahesh Kumar alias Jashuva, S/o. Mukkaranna, aged about 40 years, R/o. D.No.501, 5th floor, Sri Rama Residency, Donka Road, Pataniata, vijayawada. ...Petitioner/Accused No.1 AND The State of Andhra Pradesh, through its Public Prosecutor, High Court of Andhra Pradesh at Amaravati Rep. by Inspector of Police, Patamata P.S., Vijayawada. ...Respondent/Complainant Counsel for the Petitioner: Ms.BOPPUDIALEKHYA Counsel for the Respondent: ASSISTANT PUBLIC PROSECUTOR The Court made the following order: APHC010432392025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 904 OF 2025 Between: 1.JAGATAP MAHESH KUMAR ALIAS JASHUVA, S/O. MUKKARANNA, AGED ABOUT 40 YEARS, R/0. D.NO.501, 5TH FLOOR, SRI RAMA RESIDENCY, DONKA ROAD, PATAMATA, VIJAYAWADA. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, through its Public Prosecutor High Court of Andhra Pradesh at Amaravati Rep. by Inspect Patamata P.S., Vijayawada. r^r r\-f w i w i • w i i O O ...RESPONDENT Counsel for the Petitioner: 1.BOPPUDI ALEKHYA Counsel for the Respondent: 1. PUBLIC PROSECUTOR The Court made the followIngOrder: The present Criminal Revision Case has been filed under Section 438 and 442 of BharatiyaNagarik Suraksha Sanhita, 2023, challenging the Order dated 02.06.2025 in Crl.M.P.No.430 of 2025 in C.C.No.3210 of 2023 on the file of learned IV Additional Chief Judicial Magistrate-cum- Additional Mahila Magistrate, Vijayawada, wherein a Petition filed by the Petitioner was partly allowed directing the Manager, SapfayiriGrameena Bank, Tadigadapa to release the amount of Rs. 1,09.51,436/- lying in the account of Accused bearing Account No. 50007054809, the rest of the Petition wad dismissed. The disputed amount of Rs. 55,50,000/- in the society bank account, there is altogether Rs. 73,78,250/- is there and also in the personal bank account of the Petitioner, there is an amount of Rs. 21.34,528/- in Punjab National Bank. Poranki vide A/c No. 7953002100000139. 2. Learned counsel for the Petitioner filed a memostating that an amount of Rs. 21,90,000/- was seized by the Police in form of Cash from the Petitioner in the course of investigation and same was deposited in the Trial Court as Fixed Deposit. Counter foil of the deposit receipt dated 15.05.2018 is also filed along with a memo. 8. An amount of Rupees One crore and odd has been allegedly taken by the Petitioner from the gullible un-employees in three crimes, but the Police have filed one Charge Sheet consolidating three crimes by conducting investigation. No prejudice would be caused to the prosecution, if the personal accounts finding at SI.No.4 and 5 of the impugned order are defreezed inasmuch as an amount of Rs. 21,90,000/- in the form of a Cash is lying with the Trial Court and also an amount of Rs. 73,78,250/- in the account of the Society. Therefore, the request for the accounts mentioned in SI.No.4 and 5 defreeze sound convincing and reasonable in the interest of justice. The accounts mentioned in SI.No.6 shall be remained freezed. 4. Considering the facts and circumstances of the case, the impugned order is not sustainable. Accordingly, the Criminal Revision Case is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- K KASIRAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, Additional Chief Judicial Magistrate-cum-Additional Mahila 1. The IV Magistrate, Vijayawada 2. One CC to Ms. Boppudi Alekhya, Advocate [CPUC] the Public Prosecutor, High Court of Andhra Pradesh. 3. Two CCs to [OUT] 4. Two CD Copies SRL vna * HIGH COURT DATED:12/09/2025 * « ^ 5 ORDER 50F ANDWiSfX CRLRC NO. 904 OF 2025 1! SEP 2025 3: m . , Current seciion ^ N? DISPOSING OF THE CRIMINAL REVISION CASE •6 r;