COURT OF ANDHRA PRADESH :: AMARAV^ WEDNESDAY, THE THIRTIETH DAY OF APRIL ^ TWO THOUSAND AND TWENTY FIVE IN THE HIGH % 0. PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N r.RlMINAL PETITION NO: 4722 OF 2025 Between; Reconstruction Company, Through its authorised Ganesh Registered Office- 406, DLF South Court Saket, International Asset signatory Dilli New Delhi-11001.7 ...PETITIONER AND Pradesh, Through Station House Officer, Tadepalli Guntur District. Rep. by its Public Public Prosecutor, 1. The State of Andhra Police Station, High Court of Andhra Pradesh, Amaravathi 2. Mr. Seshaiah Pande, S/o. Guravaiah, Aged about 70 years, R/o. D.No. 205, C-Block, VR Residence, Guntur, Andhra Pradesh ...respondent/complainant of BNSS, 2023 R/w Section 482 of the circumstances stated in the Memorandum of the High Court may be pleased to quash the 29-03-2025 under Section 126(2), 115(20, the file of Tadepalli PS Guntur District and all Petition under Section 528 Cr.PC, praying that in Grounds of Criminal Petition FIR in Crime No. 147 of 2025 351(2) R/w 3(5) of BNSS on proceedings arising therefrom in the interest of justice and equity. % V I.A. NO: 2 OF 2025 Petition under Section 528 of BNSS R/w 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 may be pleased to grant stay of all further proceedings in Crime No. 147 of 2025, dated 29-03-2025 on the file Tadepalli PS, Guntur District, pending disposal of the above criminal petition. I.A. NO: 1 OF 2025 Petition under Section 528 of BNSS R/w 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 dispense with the filing of the certified copy of FIR in Crime No. 147 of 2025, dt. 29-03-2025 on the file Tadepalli PS.Guntur District. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Kunuku Raja Sekhar, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No. 1; The Court made the following: 1 CRL.P. No.4722 of 2025 V APHC010221202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY ,THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRUUSTICE HARINATH.N CRIMINAL PETITION NO: 4722/2025 Between: International Asset Reconstruction Company AND ...PETITIONER/ACCUSED The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1.KUNUKU RAJASEKHAR Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: 2 CRLP. No.4722 of 2025 THE HON’BLE SRI JUSTICE HARINATH.N CRIMINALPETITION No.4722 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 learned counsel for the petitioner submits that the petitioner was arraigned as accused in Crime No.147 of 2025 of Tadepalli Police Station, Guntur District, registered for the alleged offences under Sections 126(2), 115(2), 351(2) read with section 3(5) of the Bharatiya Nyaya Sanhita, 2023 [for short ‘B.N.S.’]. 3. It is alleged in the complaint that the petitioner is stated to have repossessed the vehicle from the 2" '^respondent. It is not in dispute that the petitioner is not a financier/ bank but claims to be acting as an agent of the Bank. nd 4. The learned Assistant Public Prosecutor submits that the 2 respondent, a 70 year old individual, was driving the vehicle when agents of the petitioner forcibly repossessed it, ejecting him from the car. 5. The process of recovering hypothecated vehicles is clearly delineated in law. Any Coercive tactics, including forcibly stopping vehicles on highways and expelling through physical intimidation, have been unequivocally condemned by the Hon’ble Supreme Court, in a judgment 3 CRLP. No.4722 of 2025 rendered in ICICI Bank Ltd. v. Prakash Kaur &Ors.^ The Hon’ble Supreme Court further held that banks and financial institutions cannot employ recovery agents to seize vehicles through force or intimidation, as such actions would violate fundamental rights and due process. The Hon’ble Supreme Court also held that repossession must be carried out strictly in accordance with statutory provisions, including compliance with the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), and relevant Reserve Bank of India (RBI) guidelines. Following the law laid down by the Hon’ble Supreme Court, this Court finds no tenable ground to grant relief to the petitioner. Hence, the criminal petition is dismissed. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed. 6. 7. 8. 1(2007) 2 see 711 Sd/-M. PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Station House Officer, Tadepalli P.S. Police Station, Guntur District. 2. Mr. Seshaiah Pande,, S/o. Guravaiah, Aged about 70 years, R/o. D.No. 205, C-Block, VR Residence , Guntur, Andhra Pradesh 3. One CC to Sri Kunuku Raja Sekhar, Advocate [OPUC] 4. Two CC copies to the Public Prosecutor, High Court of A.P., [OUT] 5. Three CD Copies SRin HIGH COURT SRm DATED:30/04/2025 ORDER CRLP.No.4722 of 2025 DISMISSING THE Crl.P.