IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 3074 OF 2025 Between: Mr. Kolkar Mustafa, S/o. Kolkar Mohammad Rahul Amin, Aged about 31 years, Occ: silversmith, R/o. H.No. 18/865-1, Abdulli Nagar, Near sharada Kamiti School, Yemmiganur Town, Kurnool District, Andhra Pradesh. ...PETITIONER/ACCUSED No.7 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court for the State of Andhra Pradesh, Amaravati. ...RESPONDENT Petition under Section 528 of BNSS 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 quash the proceedings in Cr.No.219/2024 at PS Yemmiganur Town against the Petitioner/Accu sed No.7. I.A. NO: 1 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 stay all further proceedings in Cr.No.219/2024 at PS Yemmiganur Town against the Petitioner/Accu sed No.7 pending disposal of main criminal petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri M. Sril<anth, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent. The Court made the following ORDER: 1 CRL.P. No.3074 of 2025 / APHC010142992025 / IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY ,THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 3074/2025 [3457] Hir’? Between: ...PETITIONER/ACCUSED Kolkar Mustafa AND ...RESPONDENT/COMPLAINANT The State Of Andhra Pradesh Counsel for the Petitioner/accused: 1.M SRIKANTH Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 CRLP. No.3074 of 2025 THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.3074 OF 2025 ORDER: 1. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor appearing for the State. 2. The petitioner was arraigned as A.7 in Crime No.219 of 2024 of Yammiganur Town Police Station, Kurnool, registered for the alleged offence under Sections 316(5), 318(4) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. The learned counsel for the petitioner submits that the petitioner is a customer of Muthoot Mini Financiers Limited. It is further submitted that the petitioner had pledged gold ornaments. However, he was implicated as an accused in the said crime. It is further submitted that since the petitioner is not an employee of the finance company, the provisions of Section 316(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023 would not be applicable. 4. Admittedly, the petitioner is not an employee of the finance company. As such. Section 316(5) of the Bharatiya Nyaya Sanhita cannot be attributed to the petitioner. 5. Considering the same, the Station House Officer, Yammiganur Town Police Station, Kurnool, is directed to follow the procedure contemplated under Section 35(3) of the Bharatiya Nagarik i, as 3 CRLP. No.3074 of202S purpose of investigation, insofar as' the petitioner/A.7 is concerned, in connection with Crime No.219 of 2024. 6. With these observations, the criminal petition is disposed off. 7. Miscellaneous petitions, if shall stand closed. Suraksha Sanhia, 2023 for the any, pending in this criminal petition Sd/- B. PRASADA RAO ASSISTANT REGISTRAR !? //TRUE COPY// SECTION OFFICER To, Diltric“'°" ^S'^miganur Town Police Station, Kurnool 2. One CC to Sri M. Srikanth, Advocate [OPUC] 3. Two CC to Public Prosecutor Amaravathi. [OUT] 4. Three CD Copies High Court of Andhra Pradesh at Chp Cnr CHP HIGH COURT DATED:24/03/2025 N \ ORDER CRLP.No.3074 of 2025 17 JUL 2U25 1 mntSectigoX* o DISPOSING OF THE CRIMINAL PETITION