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2025 DAILYLAW 47901 (AP)

Dr.Riyaz Kamal Musherif v. The State of Andhra Pradesh

CRLP/4944/2025 · 2025-05-01

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4944 OF 2025 Between: Dr.Riyaz Kamal Musherif, S/o. Kama! Abdul Khader Musherif, aged about 47 Years. Ex. Marketing Head, N Mart Retails Corporate Office, Dazzle Arcade, Near Axix Bank, Adajan, Surat, Gujarat State Presently residing in Pune. ...PETITIONER/ACCUSED No.6 AND 1. The State of Andhra Pradesh, represented by Inspector of Police, CID, Regional office, Kurnool Through its Public Prosecutor High Court of Andhra Pradesh. 2. Suram Sharamn Kumar Reddy, S/o. Late S Shankar Reddy, Age 28 Years, R/o. Postal Colony, Adhoni, Kurnool District ...RESPONDENTS/COMPLAINANTS Petition under Section 528 of BNSS/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 quash the docket Order dated; 20.12.2018 passed in C.C.No.5 of 2018 on the file of the Court of Principal Sessions Judge-Cum-Special Court under A.P. Protection of Depositors of Financial Establishment Act, 1999, of Kurnool and allow the criminal petition. LA. NO: 2 OF 2n9R ' . 'Pstition under Section ^ 4 / CJ^jLimstances stated i _ Court 482 of Cr.P.C praying that in the in the Memorandum of Grounds of Criminal Petition, may be pleased to grant stay of all further including the execution of the Non Bailable Petitioners in C.C.No.5 of 2018 proceedings Warrant issued against the on the file of the Court of the Principal ■ under A.P. Protection of Depositors of 1999, of Kurnool, pending disposal of the Sessions Judge-Cum-Special Court Financial Establishment Act Criminal Petition . This Petition of Grounds of Criminal Petition coming on for hearing, upon perusing the Memorandum J and upon hearing the arguments of Sri SHAIK MOHAMMED ISMAIL, Advocate for the Petitioner and the Pubiic Prosecutor on behalf of the Respondent No. 1. The Court made the following; ■ APHC010233192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457]. FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4944/2025 Between: ...PETITIONER/ACCUSED Dr.Riyaz Kamal Musherif AND ...RESPONDENT/COMPLAINANT{S) The State of Andhra Pradesh and Others Counsel for the Petitioner/accused: 1 .SHAIK MOHAMMED ISMAIL Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR The Court made the following Order: Heard the learned counsel for the petitioner/Accused No.6 and the learned Assistant Public Prosecutor representing the State. The learned counsel for the petitioner submits that the petitioner is aggrieved by the pendency of Non-Bailable Warrants in C.C.No.05 of 2018 on the file the learned Principal District & Sessions Judge-cum-Special Court under the Andhra Pradesh Protection of Depositors of Financial Establishment Act 2. 1999, Kurnool. 2 The petitioner is arrayed as accused No.6 in the said case. Learned counsel for the petitioner submits that the accused No.1 has filed Transfer Crl.P.No.19 of 2022 before this Court seeking transfer of C.C.No.05 of 2018 from Kurnool to Guntur Court wherein this Court has granted stay of all further 3. proceedings including appearance of petitioners/AI & A2 in C.C.No.05 of 2018. Learned counsel for the petitioner submits that the petitioner was having bonafide impression that the stay was granted in favour of the petitioner herein also and as such, he could not appear before the trial Court. 4. Considering the submissions made and in view of the interim stay by this Court, this Court is of the opinion that the Criminal Petition can be disposed of by granting liberty to the petitioner to file a petition seeking recall of warrant before the learned Sessions Judge by appearing in-person. On filing of such petition, the learned Sessions Judge shall recall the same and also impose 5. other conditions, as required for disposal of C.C.No.05 of 2018. Accordingly, the Criminal Petition is disposed of. 6. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- P VINOD KUMAR ASSISTANT REGISTRAR //TRUE COPY// \ SECTION OFFICER To, 1. The Principal District and Sessions Judge, Kurnool under A.P. Protection of Depositors of Finance Establishment Act, 1999. 2. The Station House Officer, Adoni III Town Police Station, Kurnool District. 3. One CC to Sri. Shaik Mohammed Ismail, Advocate [OPUC] 4. Two CC's to the Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT] 5. Three CD Copies RDB HIGH COURT DATED:02/05/2025 ORDER CRLP.No.4944 of 2025 o 0 8 JUL 2025 mi (3 ft*/; DISPOSING OF THE CRIMINAL PETITION