APHC010419612025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE NINETEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No. 8797/2025 Between: 1. PENUMALA VIJAYA RATNA KUMARI, W/O.SURESH, AGED ABOUT 55 YEARS OCC-GOVERNMENT TEACHER,R/O.D.NO.10- 102/7/1 PATRIK NAGAR, KALUVAGATTU, AKIVEEDU, WEST GODAVARI DISTRICT. ...PETITIONER/ACCUSED AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATI. THROUGH, SUB-INSPECTOR OF POLICE, AKIVEEDU POLICE STATION, WEST GODAVARI DISTRICT. 2. YALLA PRASANGI, , S/O. VENKATA RATNAM, AGED ABOUT 50 YEARS, AJJAMURU GARUVU VILLAGE, AKIVEEDU MANDAL, WEST GODAVARI DISTRICT. ...RESPONDENT/COMPLAINANT(S): 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 Court pleased to allow the present Criminal Petition pending on the file of this Hon'ble Court by quashing the criminal proceedings against the Petitioner herein for the offences under Sections 420, 409, 120 (B) r/w 34 IPC and Section 82 of Registration Act, 1908 r/w Section 156(3) of Cr.P.C. in C.C.No.1201/2018 in Crime No.241/2015 of Akiveedu Police Station, West Godavari District pending on the file of II Additional Judicial First Class Magistrate Court, Bhimavaram, West Godavari District Counsel for the Petitioner/accused: 1. M/S.ASTONISH LAWS Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2 ORDER: The instant Criminal Petition is filed by the Petitioner under Section 528 of B.N.S.S., 2023 for the following relief: “ ... to allow the present Criminal Petition pending on the file of this Hon'ble Court by quashing the criminal proceedings against the Petitioner herein for the offences under Sections 420, 409, 120 (B) r/w 34 IPC and Section 82 of Registration Act, 1908 r/w Section 156(3) of Cr.P.C. in C.C.No.1201/2018 in Crime No.241/2015 of Akiveedu Police Station, West Godavari District pending on the file of II Additional Judicial First Class Magistrate Court, Bhimavaram, West Godavari District ...” Brief facts of the case are that Central Baptist Church, Wolvertonpet, Akivedu is an affiliated church to the convention of Baptist Churches of the Northern Circar (CBCNC), which is a Registered Society registered under the Societies Registration Act. It was constructed in the year 1912 and after its construction, it was handed over to CBCNC. The Respondent No.2 gave a complaint against A.1 to A.7 alleging that Central Baptist Church is a fake society and accused proclaiming themselves that they were the elected office bearers of the society and collected funds on behalf of the Church and keeping the same in their personal accounts without depositing in the official bank account of the Society. So far A.1 collected Rs.4.00 lakhs and the said amount is in the possession of A.1. All the accused are hand in glove with each other and misappropriated the funds of the Society and thereby committed criminal breach of trust. The CBCNC Church is having 570 square yards site at Vizag and A.1 formed a fake trust under the name and style „Benziman Convention of Baptist Churches of Northern Sectors‟ and sold away the said site for Rs.80.00 lakhs on 26.5.2007 and A.1 used the entire amount for his personal use. The actual 3 market value of the property is around Rs.2.00 crores. On the complaint given by the de facto Complainant/Respondent No.2, a case in Crime No.241 of 2015 of Akividu Police Station against A.1 to A.7 for the offences punishable under Sections 420, 409, 120(B) read with 34 IPC and Section 82 of the Registration Act. Seeking quashment of the Proceedings, Petitioner/A.2 filed the present Criminal Petition. Heard learned counsel for the Petitioner and learned Assistant Public Prosecutor for respondent State. Perused the material on record. Learned counsel for the Petitioner would submit that after completion of investigation, Police filed charge sheet against the Accused, wherein Petitioner herein was arrayed as A.2 showing her as „absconding‟ since his whereabouts are not known. The Petitioner/A.2 worked as a Government Teacher in a Mandal Praja Parishad School, Akividu till the year 2013 and she had no knowledge about registration of the crime from the beginning. The Complaint was given in the year 2015. Soon after, she came to know about the registration of a case against her, she filed a petition to recall NBW issued against her and vide Order dated 09.10.2023 in Crl.M.P.No.451 of 2023, learned II Additional Judicial Magistrate of First Class, Bhimavaram, dismissed the Petition since there was no representation for the petitioner, till 5.00 p.m on that day. At this juncture, learned counsel for the Petitioner/A.2 restricted the relief and requested that a direction may be given to the Trial Court to recall the NBW 4 issued against the Petitioner, which was given without serving summons on her and endorsed on the record to that effect. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders. Considering the submissions and a fair look at the material placed on record, it is a case where the Police filed charge sheet against A.1 to A.7, showing A.2 and A.3 as „absconding‟ since their whereabouts are not known. Learned Magistrate, after taking cognizance of the case, issued NBW against the Petitioner/A.2. Petitioner filed a petition before the Trial Court to recall NBW, which was dismissed by Order dated 09.10.2023. In that view, it is apposite to direct Petitioner/A.2 to move a petition before the Trial Court where CC is pending, before 24.11.2025, seeking to recall the NBW issued against her. On such Petition, Learned Magistrate is directed to dispose of the petition by imposing specific condition to assure her presence during the course of trial for quick disposal of the matter. Accordingly, the Criminal Petition is allowed in part. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* CC by tomorrow 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Criminal Petition No. 8797 of 2025 19.11.2025 Mjl /* CC by tomorrow