IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4323 OF 2025 Between: 1. Kotha Nagamani, W/o. Kotha Satish Babu, Aged about 32 years, Occ. House wife, R/o.D.No.3-215b, Main road, Muppalla, Guntur District. 2. Kotha Suresh Babu, S/o. Nageswara Rao, Aged about 33 Years, Occ. Business, R/o Mupalla, Guntur District. ...PETITIONERS/ACCUSED No.1 & 2 AND 1. The State of A.P., S.H.O, Ajith Singh Nagar P.S NTR District, rep. by its Public Prosecutor High Court of Andhra Pradesh, at Amaravati. 2. Srinivasa Rao Sri Ram, S/o. Venkateswarlu, Aged about 40 years, Occ. Manager, Indhira Towers, Vijayawada NTR District. ...RESPONDENT/DEFACTO COMPLAINANT Petition under Section 528 of BNSS Act 2023 praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records in FIR. No.604 of 2023 of the Ajith Singh Nagar Police Station, NTR District. I.A. NO: 2 OF 2025 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 grant stay of all further proceedings including the arrest of the Petitioners in FIR.No. 604/2023 on the file of the Ajith Singh Nagar Police Station, NTR District. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Somisetty Ganesh Babu, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and None Appeared for the Respondent No.2. The Court made the following ORDER: 1 CRLP. No.4323 of 2025 APHC010203492025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY ,THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4323/2025 Between; Kotha Nagamani and Others ...PETITIONER/ACCUSED(S) AND The State Of A P and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused(S): 1.SOMISETTY GANESH BABU Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: 2 CRLP. No.4323 of 2025 THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.4323 OF 2025 ORDER: 1. Heard the submissions of the learned counsel for the petitioners and the learned Assistant Public Prosecutor appearing for the State. 2. The petitioners were arraigned as A.1 and A.2 in Crime No.604 of 2023 of Ajith Singh Nagar Police Station, Guntur District, registered for the alleged offences under Sections 406, 420 read with 34 of the Indian nd Penal Code, 1860, on the strength of the complaint of the 2 respondent. 3. It is alleged in the complaint that the 2"^ respondent, employed as a Manager at the Indian Oil Bank, was induced by the petitioners, who are his brother and sister-in-law, to provide a sum of Rs.1,00,000/- in denominations of Rs.500/-. The petitioners assured the 2^*^ respondent that, iri exchange, they would pay a commission of Rs.5,000/- and return the amount in Rs.2,000/- denominations. Believing their words, ^ the 2^^ respondent entrusted them with a sum of Rs. 18,00,000/- from the collection of the Indian Oil Bunk. However, subsequently, the petitioners failed to respond to the phone call of the 2"^ respondent, thereby evading any further communication. 4. The learned counsel further submits that on account of the family disputes, the petitioners have been falsely implicated in the present criminal proceedings. It is further subjmitted that the offences alleged 3 CRL.P. No.4323 of 2025 against the petitioners are punishable with imprisonment not exceeding, seven years. Therefore, the learned counsel seeks a direction to the police to adhere to the procedure provided under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023. m 5. Considering the submissions of the learned counsel for the petitioners the Station House Officer, Ajith Singh Nagar Police Station District, is directed to follow the procedure NTR as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, insofar as the petitioners is concerned, for the purpose of investigation in connection with Crime No.604 of 2023. This order would not preclude the investigation officer for filing charge sheet or final report after completion of the investigation. 6. Accordingly, the criminal petition is disposed of. 7. Miscellaneous petitions, if any, pending in the criminal petition shall stand closed. SD/i M SRINIVAS ASSISTANT REGISTRAR f AA //TRUE COPY// / SECTION OFFICER To 1. The Station House Officer, Ajith Singh Nagar Police Station District. 2. One CC to SRI. SOMISETTY GANESH BABU, Advocate [OPUC] 3. Two CC to Public Prosecutor, High Court of Andhra Pradesh Amaravathi. [OUT] .4. Three CD Copies NTR at Chp PRK HIGH COURT DATED:23/04/2025 \ \ ORDER CRLP.No.4323 of 2025 DISPOSING OF THE CRIMINAL PETITION