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2025 DAILYLAW 37235 (AP)

ARAVEETI SREEKANTHA REDDY v. THE STATE OF ANDHRA PRADESH

CRLRC/1170/2023 · 2025-03-18

Venkata Jyothirmai Pratapa

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Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV, TUESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 1170 OF 2023 Revision filed under Sections 397 & 401 of Cr.P.C, aggrieved by the Judgment passed in CrI.M.P.No. 324 of 2023 in Crime No. 82 of 2023 before the Hon’ble Principal Magistrate of First Class, Lakkipeddipalle and return the seized amount of Rs. 8,70,000/-. Between: Araveeti Sreekantha Reddy, S/o Subba Reddy, Aged about 34 Hindu, Educational Consultant, Residing at Pakkirareddygaripalli , H/o Galliveedu Village, Galliveedu Mandal, Annamaiah District. ...Petitioner/De-facto Complainant years. AND The State of Andhra Pradesh, the Station House Officer, Galiveedu P.S, Rep. by its Public prosecutor, Amaravathi, High Court of A.P. ...Respondent/Complainant lA NO: 1 OF 2023 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 suspend the Order dated: 15-11-2023 passed in CrI.M.P.No. 324 of 2023 in Crime No. 82/2023 on the file of Hon’ble Principal Magistrate of First, Lakkipeddipalle, and direct to lower court to release the seized amount taking equivalent immovable property as surety and pending disposal of the CrI.R.C.No. 1170 of 2023. Counsel for the Petitioner: Sri Parasa Kishore Babu Counsel for the Respondent: Public Prosecutor The Court made the following ORDER: 1 APHC010627072023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] w TUESDAY ,THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 1170/2023 Between: ...PETITIONER Araveeti Sreekantha Reddy AND ...RESPONDENT The State Of Andhra Pradesh Counsel for the Petitioner: 1.PARASA KISHORE BABU Counsel for the Respondent: 1. PUBLIC PROSECUTOR (AP) The Court made the following: ^ THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 1170/2023 ORDER: Impugning the judgment passed in CrI.M.P.No. 324 of 2023 in Crime No. 82 of 2023 before the Judicial Magistrate of First Class, Lakkireddipalie, this Criminal Revision Case was filed. Heard Sri P. Kishore Babu, learned counsel for the petitioner and Sri Neelothpal Ganji, learned Assistant Public Prosecutor on behalf of the State. 2. Learned counsel for the petitioner would submit that the petitioner herein is the defacto complainant who filed an application seeking interim custody of Rs.8,70,000/- which was seized from A-2 during the course of investigation Learned counsel would further submit that they are ready to furnish the sureties or bank guarantee for the said amount. 3. Learned Assistant Public Prosecutor would submit that the court may pass appropriate orders. 5. As can be seen from the impugned order, learned Judge opined that it is a cyber fraud case, there may be several victims apart from the petitioner and nothing has been placed on record to show that the amount belongs to the petitioner. Learned Judge further observed that the victims maybe several and they may also be entitled to their respective amounts. 4. persons Considering the submissions made and a fair look at the material 6. placed on record, the fact remains that during the course of investigation, an amount of Rs.8,70,000/- was seized from the possession of the A-2 in panchanama. The petitioner herein as defacto complainant has filed an application seeking interim custody of the said amount. As can be seen from the record, believing the words of the accused, petitioner has deposited Rs.42,27,749/-. As rightly put by the learned counsel for the petitioner, the petitioner being aggrieved is entitled to have interim custody of the money which is seized from the possession of A-2. 7. In that view, the Criminal Revision Case is allowed subject to the following conditions; The petitioner shall give a bank guarantee for an amount of I. Rs.8,70,000/- and then entitled to receive the amount which is seized from A-2 as interim custody. The petitioner shall produce the amount as and when directed. The investigation Officer is directed to take all necessary steps to protect the property which is seized. Pending applications, if any, shall stand closed. Sd/- M RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Magistrate of First Class: Lakkipeddipalle, YSR Kadapa District. 2. The Station House Officer, Galiveedu Police Station, YSR Kadapa District. 3. One CC to Sri Parasa Kishore Babu Advocate [OPUC] 4. Two CC's to The Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT] 5. The Section Officer, Criminal Section, High Court of Andhra Pradesh at Amaravathi, Guntur District. 6. Three CD Copies SAM PRK HIGH COURT DATED:18/03/2025 ORDER CRLRC.No.1170 of 2023 ^ 0 3 APR 2025 ^ Current Section ALLOWING THE CRLRC