APHC010328092025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7000/2025 Between: 1. K REVATHI, W/O. K CHANDRA BABU, AGED 30 YEARS, R/O. THAYARAMMA STREET, RAYALPETA VILLAGE AND POST, PEDDAPANJANI MANDAL, CHITTOOR DISTRICT. 2. K SREEDHAR, S/O. K PEDDANNA, AGE 36 YEARS, R/O. KOTA VEEDHI, RAYALPETA VILLAGE AND POST, PEDDAPANJANI MANDAL, CHITTOOR DISTRICT. 3. K SUKESH, S/O. K LAKSHMI NARAYANA, AGE 24 YEARS, R/O. KOTA VEEDHI, RAYALPETA VILLAGE AND POST, PEDDAPANJANI MANDAL, CHITTOOR DISTRICT. 4. K SIVAIAH, S/O. K VENKATAPPA, AGE 49 YEARS, R/O. KOTA VEEDHI, RAYALPETA VILLAGE AND POST PEDDAPANJANI MANDAL, CHITTOOR DISTRICT. 5. PYRU CHANDRA SEKHAR, S/O KASEESWARUDU, AGED 32 YEARS R/O. 2-94, BALAJI STREET, RAYALAPETA POST PEDDAPANJANI STREET, CHITTOOR DISTRICT. 6. G. BALAJI @ VASU, S/O CHALAPATHI, AGED 30 YEARS R/O. BESTHAPALLI VILLAGE, YELLAMPALLI PANCHAYATH, IRALA MANDAL, CHITTOOR DISTRICT. 7. K NAGARAJA, S/O VENKATAPPA, AGED 50 YEARS R/O. 3-39, THAYARAMMA STREET, RAYALPETA VILLAGE AND POST, PEDDAPANJANI MANDAL, CHITTOOR DISTRICT. ...PETITIONER/ACCUSED(S) AND 2 1. THE STATE OF ANDHRA PRADESH, REP. BY S.H.O, PANJANI POLICE STATION, CHITTOOR DISTRICT, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AMARAVATHI. 2. Y VEMA REDDY, S/O. Y RAMANA REDDY, AGE 33 YEARS, R/O. NELAPALLE VILLAGE, KOLATHUR PANCHAYATH PANJANI MANDAL, CHITTOOR DISTRICT. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused(S): 1. SIVA NAGARJUNA SIDHADAPU Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: ORDER: The instant criminal petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') has been filed by the Petitioners / Accused Nos.2, 4, 6 to 9 & 11, seeking to quash the proceedings pending against them in Crime No.15 of 2025 on the file of Panjani Police Station, Chittoor District registered for the offences punishable under Sections 318(4), 316(2), 351(2), 61(2), 111(2)(b) r/w 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short 8BNS9). 2. The facts of the case, in brief, are that, in the month of April, 2023, when Respondent No.2, along with his relative, visited Rayalapeta Village for bank- related work, Accused No.1 acquainted himself with Respondent No.2 claiming to be a Stock Exchange Broker and induced him to invest money in the share market with an assurance of high returns. Accused Nos.2 to 7 also 3 made similar representations. Believing the same, Respondent No.2 transferred a total sum of Rs.72,21,000/- in different spells to the bank accounts of the Accused. It is alleged that an amount of Rs.27,51,000/- was later returned to Respondent No.2 stating it to be profit earned in the share market. Thereafter, no further amount was paid. On being questioned, on 09.08.2024, Accused Nos.1 and 8 allegedly informed Respondent No.2 that the amount was invested in cricket betting and lost, and also threatened him with dire consequences. Based on the complaint lodged by Respondent No.2, the present crime was registered against all the Accused. 3. Heard Sri Siva Nagarjuna Sidhadapu, learned counsel for the Petitioners, and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor, appearing for the State. 4. Learned counsel for the Petitioners submitted that the Petitioners have not committed any offence and that they have been falsely implicated. It is contended that except Petitioner/Accused No.8, the remaining Petitioners are relatives of Accused No.1 and that the complainant transferred amounts to their accounts only at the instance of Accused No.1. It is further contended that Section 111 of BNS is not attracted, as there is no legally admissible material to constitute an offence of organised crime. 5. Learned Assistant Public Prosecutor fairly submitted that no charge- sheets have been filed against the Petitioners within the preceding period of ten years prior to registration of the present crime and, therefore, Section 111 of BNS is not applicable to them. 4 6. In view of the above submissions, this Court proceeds to examine the applicability of Section 111 of BNS against the Petitioners. Section 111 of BNS reads as under: “111. Organised crime. - (1) Any continuing unlawful activity including kidnapping, robbery, vehicle theft, extortion, land grabbing, contract killing, economic offence, cyber-crimes, trafficking of persons, drugs, weapons or illicit goods or services, human trafficking for prostitution or ransom, by any person or a group of persons acting in concert, singly or jointly, either as a member of an organised crime syndicate or on behalf of such syndicate, by use of violence, threat of violence, intimidation, coercion, or by any other unlawful means to obtain direct or indirect material benefit including a financial benefit, shall constitute organised crime. Explanation.-For the purposes of this sub-section,- (i) "organised crime syndicate" means a group of two or more persons who, acting either singly or jointly, as a syndicate or gang indulge in any continuing unlawful activity; (ii) "continuing unlawful activity" means an activity prohibited by law which is a cognizable offence punishable with imprisonment of three years or more, undertaken by any person, either singly or jointly, as a member of an organised crime syndicate or on behalf of such syndicate in respect of which more than one charge-sheets have been filed before a competent Court within the preceding period of ten years and that Court has taken cognizance of such offence, and includes economic offence; (iii) "economic offence" includes criminal breach of trust, forgery, counterfeiting of currency-notes, bank-notes and Government stamps, hawala transaction, mass-marketing fraud or running any scheme to defraud several persons or doing any act in any manner with a view to defraud any bank or financial institution or any other institution or organisation for obtaining monetary benefits in any form. (2) Whoever commits organised crime shall,- (a) if such offence has resulted in the death of any person, be punished with death or imprisonment for life, and shall 5 also be liable to fine which shall not be less than ten lakh rupees; (b) in any other case, be punished with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine which shall not be less than five lakh rupees. (3) Whoever abets, attempts, conspires or knowingly facilitates the commission of an organised crime, or otherwise engages in any act preparatory to an organised crime, shall be punished with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine which shall not be less than five lakh rupees. (4) Any person who is a member of an organised crime syndicate shall be punished with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine which shall not be less than five lakh rupees. (5) Whoever, intentionally, harbours or conceals any person who has committed the offence of an organised crime shall be punished with imprisonment for a term which shall not be less than three years but which may extend to imprisonment for life, and shall also be liable to fine which shall not be less than five lakh rupees: Provided that this sub-section shall not apply to any case in which the harbour or concealment is by the spouse of the offender. (6) Whoever possesses any property derived or obtained from the commission of an organised crime or proceeds of any organised crime or which has been acquired through the organised crime, shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to imprisonment for life and shall also be liable to fine which shall not be less than two lakh rupees. (7) If any person on behalf of a member of an organised crime syndicate is, or at any time has been in possession of movable or immovable property which he cannot satisfactorily account for, shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to imprisonment for ten years and shall also be liable to fine which shall not be less than one lakh rupees.= 6 7. To bring an offence within the ambit of organised crime, there must be legally admissible prima facie material to show continuing unlawful activity as defined under Section 111 of BNS. The evidence must be gathered first, to make out a prima facie case within the scope of Section 111 of BNS. Without legally admissible accusations, allegations, or evidence, the Police cannot arrest a suspect to collect evidence against him to bring the case into the fold of Section 111 of BNS. 8. A plain reading of Section 111 of BNS indicates that the following essential ingredients must be satisfied: (i) commission of offences enumerated under the provision; (ii) the Accused being a member of an organised crime syndicate; (iii) commission of the offence as a member of, or on behalf of, such syndicate; (iv) more than one charge-sheet having been filed against the Accused within the preceding ten years for cognizable offences punishable with imprisonment of three years or more, and cognizance taken thereon; (v) commission of the crime by use of violence, threat, intimidation, coercion or other unlawful means. 9. In the present case, as admitted by the learned Assistant Public Prosecutor, the Petitioners have no criminal antecedents. The Police have registered the present crime including the offence under Section 111(2)(b) of BNS without any legally admissible material to attract the said provision. The Police, based on the complaint given by Respondent No.2, straight away registered the present crime for the offences under Sections 318(4), 316(2), 351(2), 61(2) read with 3(5) of BNS including the offence under Section 7 111(2)(b) BNS, without there being any admissible material or evidence against the Accused to attract the offence under Section 111 (2)(b) of BNS. Except the offence under Section 111(2)(b) of BNS, the remaining offences, registered in the present crime, are punishable with imprisonment below seven years, for which the investigation is to be completed within 60 days. Invocation of Section 111 of BNS, which carries punishment up to life imprisonment, extends the period of investigation to 90 days, thereby affecting the statutory right of the Accused to bail under Section 187(3) of BNSS and their right to personal liberty guaranteed under Article 21 of the Constitution of India. 10. While dealing with applicability of Section 111 BNS, a Division Bench of this Court in Pappula Chalama Reddy v. The State of Andhra Pradesh1 held as follows: <48. This provision, on a plain reading, would be applicable only when, a competent court has taken cognizance of at least two charge sheets, filed against the person, accused of an offence under Section 111, within the last 10 years prior to the registration of an offence under Section 111. The remand report, filed by the investigating officer does not contain even a whisper of commission of any such offence by the detenue nor is there any mention of any charge sheet filed against the detenue in the last 10 years. …= (emphasis supplied) 11. A similar view has been taken by the High Court of Kerala in Mohammed Hashim v. State of Kerala2, relying upon the judgments of the Hon9ble Supreme Court in State of Maharashtra v. Shiva @ Shivaji Ramaji Sonaware and others3 and State of Gujarat v. Sandip Omprakash Gupta4. 1 2024 SCC Online AP 5532 2 2024 SCC OnLine Ker 26557 3 (2015) 14 SCC 272 4 2022 SCC OnLine SC 1727 8 12. No FIR shall be registered by invoking Section 111 of the BNS in respect of offences alleged to have been committed prior to 01.07.2024, the date on which BNS came into force. However, charge-sheets filed and cognizance orders taken in respect of offences committed within the preceding ten years prior to the commencement of the BNS, i.e., before 01.07.2024, may be taken into consideration for the purpose of invoking Section 111 of the BNS, provided that a subsequent offence is committed on or after 01.07.2024. 13. In view of the aforesaid legal position, both the Courts and the police are required to exercise heightened caution while invoking Section 111 of BNS. Invocation of the said provision must be supported by material sufficient to demonstrate prima facie satisfaction of the statutory requirements. The police shall not register an offence under Section 111 of the BNS in a mechanical, casual or routine manner. They shall conduct due enquiry into the criminal antecedents of the accused and shall invariably enclose copies of the charge- sheets filed and the cognizance orders passed against the accused within the preceding ten years. Further, any application or requisition filed by the Investigating Officer seeking permission of the Court to invoke Section 111 of the BNS shall be accompanied by necessary documents and material which, prima facie, establish the need to invoke the offence punishable under Section 111 of the BNS. Only upon consideration of such material shall Section 111 of the BNS be invoked. 14. In the instant case, it is an admitted fact that no charge-sheets have been filed against the Petitioners within the preceding ten years, which is 9 a mandatory prerequisite to invoke Section 111 of BNS. As such, the question of taking cognizance does not arise. In that view, this Court holds that Section 111(2)(b) of BNS is not attracted against the Petitioners. However, considering the prima facie allegations with respect to the remaining offences, the investigation shall proceed in accordance with law. 15. Accordingly, the Criminal Petition is partly allowed. The proceedings against the Petitioners in Crime No.15 of 2025 on the file of Panjani Police Station, Chittoor District, insofar as the offence punishable under Section 111(2)(b) of BNS is concerned, are hereby quashed. However, the investigation in respect of the offences punishable under Sections 318(4), 316(2), 351(2), 61(2) read with Section 3(5) of BNS shall continue. As a sequel thereto, miscellaneous petitions pending, if any shall stand closed. ________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 21.08.2025 L.R.copy to be marked B/o. Dinesh UPS 10 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.7000 of 2025 Dt.21.08.2025 Dinesh UPS 11 IN THE HIGH COURT OF ANDHRA PRADESH, AMARAVATI CRIMINAL PETITION NO: 7000/2025 Between: 1. K REVATHI, W/O. K CHANDRA BABU, AGED 30 YEARS, R/O. THAYARAMMA STREET, RAYALPETA VILLAGE AND POST, PEDDAPANJANI MANDAL, CHITTOOR DISTRICT. 2. K SREEDHAR, S/O. K PEDDANNA, AGE 36 YEARS, R/O. KOTA VEEDHI, RAYALPETA VILLAGE AND POST, PEDDAPANJANI MANDAL, CHITTOOR DISTRICT. 3. K SUKESH, S/O. K LAKSHMI NARAYANA, AGE 24 YEARS, R/O. KOTA VEEDHI, RAYALPETA VILLAGE AND POST, PEDDAPANJANI MANDAL, CHITTOOR DISTRICT. 4. K SIVAIAH, S/O. K VENKATAPPA, AGE 49 YEARS, R/O. KOTA VEEDHI, RAYALPETA VILLAGE AND POST PEDDAPANJANI MANDAL, CHITTOOR DISTRICT. 5. PYRU CHANDRA SEKHAR, S/O KASEESWARUDU, AGED 32 YEARS R/O. 2-94, BALAJI STREET, RAYALAPETA POST PEDDAPANJANI STREET, CHITTOOR DISTRICT. 6. G. BALAJI @ VASU, S/O CHALAPATHI, AGED 30 YEARS R/O. BESTHAPALLI VILLAGE, YELLAMPALLI PANCHAYATH, IRALA MANDAL, CHITTOOR DISTRICT. 7. K NAGARAJA, S/O VENKATAPPA, AGED 50 YEARS R/O. 3-39, THAYARAMMA STREET, RAYALPETA VILLAGE AND POST, PEDDAPANJANI MANDAL, CHITTOOR DISTRICT. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY S.H.O, PANJANI POLICE STATION, CHITTOOR DISTRICT, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AMARAVATHI. 2. Y VEMA REDDY, S/O. Y RAMANA REDDY, AGE 33 YEARS, R/O. NELAPALLE VILLAGE, KOLATHUR PANCHAYATH PANJANI MANDAL, CHITTOOR DISTRICT. 12 ...RESPONDENT/COMPLAINANT(S): DATE OF JUDGMENT PRONOUNCED: 21.08.2025 SUBMITTED FOR APPROVAL: THE HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. Whether Reporters of Local Newspapers may be allowed to see the judgment? Yes/No 2. Whether the copies of judgment may be marked to Law Reporters / Journals? Yes/No 3. Whether Her Lordship wish to see the fair copy of the Judgment? Yes/No ________________________________________ DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA 13 * THE HON’BLE DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA + CRIMINAL PETITION No.7000 of 2025 % 21.08.2025 Between: 1. K REVATHI, W/O. K CHANDRA BABU, AGED 30 YEARS, R/O. THAYARAMMA STREET, RAYALPETA VILLAGE AND POST, PEDDAPANJANI MANDAL, CHITTOOR DISTRICT. 2. K SREEDHAR, S/O. K PEDDANNA, AGE 36 YEARS, R/O. KOTA VEEDHI, RAYALPETA VILLAGE AND POST, PEDDAPANJANI MANDAL, CHITTOOR DISTRICT. 3. K SUKESH, S/O. K LAKSHMI NARAYANA, AGE 24 YEARS, R/O. KOTA VEEDHI, RAYALPETA VILLAGE AND POST, PEDDAPANJANI MANDAL, CHITTOOR DISTRICT. 4. K SIVAIAH, S/O. K VENKATAPPA, AGE 49 YEARS, R/O. KOTA VEEDHI, RAYALPETA VILLAGE AND POST PEDDAPANJANI MANDAL, CHITTOOR DISTRICT. 5. PYRU CHANDRA SEKHAR, S/O KASEESWARUDU, AGED 32 YEARS R/O. 2-94, BALAJI STREET, RAYALAPETA POST PEDDAPANJANI STREET, CHITTOOR DISTRICT. 6. G. BALAJI @ VASU, S/O CHALAPATHI, AGED 30 YEARS R/O. BESTHAPALLI VILLAGE, YELLAMPALLI PANCHAYATH, IRALA MANDAL, CHITTOOR DISTRICT. 7. K NAGARAJA, S/O VENKATAPPA, AGED 50 YEARS R/O. 3-39, THAYARAMMA STREET, RAYALPETA VILLAGE AND POST, PEDDAPANJANI MANDAL, CHITTOOR DISTRICT. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY S.H.O, PANJANI POLICE STATION, CHITTOOR DISTRICT, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AMARAVATHI. 2. Y VEMA REDDY, S/O. Y RAMANA REDDY, AGE 33 YEARS, R/O. 14 NELAPALLE VILLAGE, KOLATHUR PANCHAYATH PANJANI MANDAL, CHITTOOR DISTRICT. ...RESPONDENT/COMPLAINANT(S): ! Counsel for Petitioner : Sri Siva Nagarjuna Sidhadapu ^ Counsel for Respondents : Ms.K.Priyanka Lakshmi, Assistant Public Prosecutor < Gist: > Head Note: ? Cases referred: 1. 2024 SCC OnLine AP 5532 2. 2024 SCC OnLine Ker 26557 3. (2015) 14 SCC 272 4. 2022 SCC OnLine SC 1727 This Court made the following: