SI I. IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI MONDAY .THE SEVENTEENTH DAY OF MARCH ^ TWO THOUSAND AND TWENTY FIVE •\- . w SM® S) % PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N ^ Ik \X C V CRIMINAL PETITION NO: 2115 OF 2Q2fi Between; Syed Irfan, S/o. S.AIIah Bakash, Age 28 Years, Occ: Software Engineer, R/o.D.No.50/261, Ravindra Nagar, Kadapa. ...Petitioner/Defacto-Complainant AND The State of Andhra Pradesh. Through The Station House Police Station. Kadapa. YSR District. Rep. by its State Public Prosecutor. High Court of Andhra Pradesh. Amaravati. officer. Taluka ...Respondent Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition. the High Court may be pleased to Call for the entire records and set-aside the impugned order dated 10.12.2024 in Crl.MP.No.707 of 2024 in Cr.NO.295 of 2023 on the file of the II Additional Class. Kadapa and Consequently, direct Judicial Magistrate of First the Respondent/s herein to release the frozen amount of 13,34,083/- in favor of the petitioner as interim custody. I.A. NO; 1 OF 209/^ Petition under Section 482 circumstances stated in the Memorandum of Grounds of Cr.P.C praying that in the of Criminal Petition. i' the High Court Agency to submit may be pleased to direct the Respondent- Investigation a detailed status report regarding the present case, incuding the progress of the investigation, efforts made to trace the accused, the status of the frozen completion of the i amounts, and the expected timeline for investigation, considering the prolonged delay in investigation. This Petition - ^ hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri eera Kanishka, Advocate for the Petitioner and the Assistant Prosecutor on behalf of the Respondent No Public . 1 The Court made the following: APHC010097842025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0ES [3457] MONDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 2115/2025 Between: Syed Irfan ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.DHEERA KANISHKA Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the following order: Aggrieved by the II Additional Judicial Magistrate of First Class, Kadapa, YSR Kadapa District, in Crl.MP.No.707 of 2024 in Crime No.295 of 2023, the present criminal petition is filed. passed by the order 2. The petitioner was a victim of online fraud and he had deposited an amount of Rs.30,07,059/- (Thirty Lakh Seven Thousand Fifty Nine rupees) into various accounts, as instructed by the accused. Flaving realized that the petitioner was a victim of online fraud, he filed a complaint before the National Cybercrime Portal (NCRP), wherein the said authority has frozen Rs.13,34,083/- in different bank accounts pertaining to fraudulent transactions. Subsequently, the matter was handed over to Kadapa Taluka Police Station for investigation, which was registered as Crime No.295 of 2023. Thereafter, the petitioner filed an application before the learned Magistrate under Section 451 and 457 of Cr.P.C., seeking interim custody of Rs. 13,34,083/-. Flowever, the learned Magistrate, after considering the submissions of the petitioner and the public prosecutor, dismissed the said application, observing that the amount frozen by the Investigating Officer, and the amount transferred by the petitioner, was different. 3. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor. Learned counsel for the petitioner submits that in cyber crimes, once the accused withdraws the money from the account, the account would be closed, and fresh accounts would be opened in other banks. 4. Learned Assistant Public Prosecutor submits that there could be other claimants to the said amount. As of now, the Investigating Officer has not received any complaint about the said amount. 5. 6. Perused the record and considered the rival submissions. 7. It is not in dispute that the petitioner had transferred amounts to various accounts held by the accused, and the amounts which frozen by the NCRP, is following to the petitioner, in view of the same, this Court is inclined to set aside the impugned order dated are 10.12.2024. Therefore, the impugned order dated 10.12.2024 in Crl.P.No.707 of 2024 in Crime No.295 of 2023, on the file of the 8. II Additional Judicial Magistrate of First Class, Kadapa, is hereby set aside. The Investigating Officer of Taluk Police Station shall address a letter to the concerned Bank for transferring the amount of 1 Rs.13,34,083/- to the account of the petitioner held in HDFC Bank No.50100443376454, within a period of two (02) weeks from the date of receipt of a copy of this order. Further, the petitioner shall submit an undertaking to the Police concerned that in the event if the other claimants claim the said amount, the petitioner is liable to pay the amount, as directed by the Court, after conducting trial. With the above direction, the Criminal Petition is disposed of. 10. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any, shall stand Sd/- K J RAJA BABU assistant register closed. //true copy// SECTION OFFICER Kadapa, YSR District, To, House officer, Taluka Police Station Kanishka, Advocate [OPUC] Public Prosecutor, High 1. The Station 2. One CC to Sri. Dheera 3. Two CCs to the Court of Andhra Pradesh at Amaravalhi [OUT] 4. Three CD Copies Stu Sree Note: In Paragraph No.8 of the ^^^erls^ as^per^th^Court 2025. Sd/- K J RAJA BABU assistant registrar HIGH COURT DATED:17/03/2025 29/07/2025 AMENDED ORDER CRLP.No.2115 Of 2025 0 5 AUG 2075 ^ , Current aeciion ^ DISPOSING OF THE CRIMINAL PETITION