r. APHC010432282025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8763 OF 2025 Between: Mohammed Rafi, S/o. Anwar, Age: 56 years, Occ: Business, R/o. 2-3 Ganguru, Krishna District, Owner of the Lorry bearing No AP26 TL 1377. ...Petitioner/ Accused No.2 AND 1. The State of Andhra Pradesh, Rep. by Public Prosecutor, High Court of Andhra Pradesh, Through Rajanagaram Police Station, East Godavari District. 2. Gogula Bapi Raju, Deputy Tahsildar, Civil Supplies, Rajanagaram Mandal, East Godavari district ...Respondent/ 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 Proceedings in Crime No. 312 of 2025 dated 07.08.2025 on the file of Rajanagaram Police Station, Rajanagaram, East Godavari district Against the Petitioner /Accused No.2. lA NO: 2 OF 2025 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 release the vehicle bearing No. AP 26 TL 1377 which was seized in connection with Crime No. 312 of 2025 of Rajanagaram Police Station, Rajanagaram, East Godavari district pending disposal of criminal petition . : Smt. Marella Radha Counsel for the Petitioner Counsel for the Respondent No.1 : Ms K. Priyanka Lakshmi, Assistant Public Prosecutor The Court made the following order: 1 APHC010432282025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8763/2025 Between: 1. MOHAMMED RAFI, S/0. ANWAR, AGE 56 YEARS OCC BUSINESS R/O. 2-3, GANGURU, KRISHNA DISTRICT. OWNER OF THE LORRY BEARING NO AP26 TL 1377. ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, Rep. by PublicProsecutor High Court of Andhra Pradesh Through Rajanagaram Police Station East Godavari District. ...RESPONDENT/COMPLAINANT 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 Courtmay be pleased to quash the Proceedings in Crime No. 312 of 2025 dated 07.08.2025 on the file of Rajanagaram Police Station Rajanagaram East Godavari district Against the Petitioner /Accused No.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 filing of the certified copy of Crime No. 312 of 2025 dated 07.08.2025 on the file of Rajanagaram Police Station Rajanagaram East Godavari district and lA NO: 2 OF 2025 pass Petition under Section 482 of Cr.P.C and 528 of BNSS Playing that in the circumstances stated in the Memorandum of Grounds o' Cnrnina Hiah Court may be pieased pieased to direct the respondent v^hfeie bearing No AP 26 TL 1377 which was seized in connection ™th Crime No. 312 of 2025 of Rajanagaram Poiice Station Rajanagaram Godavari district pending disposai of criminal petition and pass Counsel for the Petitioner/accused; 1.MARELLA RADHA Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8763/2025 ORDER: The instant criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C)/under Section 528 of BNSS, has been filed by the Petitioner/Accused No.2, seeking quashment of the proceedings pending against him in Crime No.312 of 2025 dated 07.08.2025 on the file of Rajanagaram Police Station, Rajanagaram, East Godavari District registered for the offences punishable under Sections 318(4) ofBNS, 7(1) EC Act. 2. Heard Ms. Marella Radha, learned counsel for the petitioner and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State/respondent No.1. 3. Learned counsel for the petitioner would submit that the petitioner is restricting his prayer in the petition to the effect, for interim custody of the subject vehicle bearing No.AP26 TL 1377 which was seized in connection with Crime No.312 of 2025 dated 07.08.2025 on the file of Rajanagaram Police Station, Rajanagaram, East Godavari District registered for the offences punishable under Sections 318(4) of BNS, 7(1) EC Act. 4. It is submitted by the learned counsel for the Petitioner and acceded to by the learned Assistant Public Prosecutor that the subject matter of this 4 Criminal Petition is squarely covered by the Order passed by a Coordinate Bench of this Court vide Criminal Petition No.5470 of 2023, dated 05.09.2023. Considering the submissions made, following the said Order passed by a Coordinate Bench of this Court in Criminal Petition No.5470 of 2023, dated 4. 05.09.2023 and taking into consideration of the facts and circumstances of the case, this Court is inclined to allow the present petition. In the result. Criminal Petition is allowed. The subject vehicle viz., Ashok Leyland Lorry bearing No. AP26 TL 1377 which was seized in connection in 5. connection with Crime No.312 of 2025 dated 07.08.2025 on the file of Rajanagaram Police Station, Rajanagaram, East Godavari District registered for the offences punishable under Sections 318(4) of BNS, 7(1) EC Act, is ordered to be given to the Petitioner for interim custody- (a) on his producing the original R.C. and executing a self bond for the value of the subject vehicle to be assessed by the Motor Vehicle Inspector, with two sureties for the like sum each, to the satisfaction of the jurisdictional Magistrate concerned; (b) on his executing an undertaking that he would not alienate the said vehicle or transfer its ownership or change any physical features of the vehicle; and (c) on his executing an undertaking that he would produce the vehicle as and when directed by the trial Court till the case is disposed of, in the trial Court. 5 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR SECTION OFFICER //TRUE COPY// To, 1. The Station House Officer, Rajanagaram Police station. East Godavari District 2. One CC to Smt. Marella Radha, Advocate [OPUC] 3. Two GO’S to the Public Prosecutor of High Court of Andhra Pradesh [OUT] 4. Three CD Copies MV sree Note : In Para No.5 of the order dated 21.08.2025 in CrI.P No.8763 of 2025, the vehicle “Ashok Leyland Lorry bearing No. AP 21 TE 6488” is corrected as “Ashok Leyland Lorry bearing No. AP 26 TL 1377” as per the Court Order dated 03.09.2025 in I.A No. 3 of 2025 in CrI.P No.8763 of 2025, substitute this amended order in place of the earlier order which was dispatched on 01.09.2025. Sd/- K TATA RAO DEPUTY REGISTRAR HIGH COURT DATED; 21/08/2025 03/09/2025 AMENDED ORDER CRLP NO. 8763 OF 2025 ALLOWING THE CRIMINAL PETITION