THOTA SAI KRISHNAMANAIDU v. THE STATE OF ANDHRA PRADESH
CRLP/5063/2025 · 2025-05-05
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 49884 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 49884 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI TUESDAY ,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5063 OF 2025 Between:
1. Thota Sai Krishnamanaidu, S/o Rangayyanaidu, aged 33, R/o D.No.11/683, Rajawari centre Machilipatnam, Krishna District. (Name mentioned in the FIR as Thota Krishnam Naidu)
2. Thota Satya Alekhya Naidu, D/o Thota Achimamba, aged 30, R/o D.No.11/683, Rajawari centre, Machilipatnam, Krishna District. ...PETITIONER/ACCUSED 1 & 3 AND
1. The State of Andhra Pradesh, (II Town Police Station Rajamahendravaram Commissionerate), Rep. by the Public Prosecutor, High Court of Andhra Pradesh. 2. Siva Sridhar Konku, S/o Srinivas, aged 26, R/o Flat No. Cl, W Nivas apartment, Near Rainbow school, Rajamahendravaram urban East Godavari District. (Name and particulars as mentioned In the FIR) ...RESPONDENTS/DEFACTO COMPLAINANT Petition under Section 528 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to quash the proceedings in FIR No. 126/2021 of Rajamahendravaram II Police Station Town Rajamahendravaram Urban against the petitioners (A1 and A3)
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, he High Court may be pleased to stay all further proceedings in FIR No. 126/2021
"ft.. of Rajamahendravaram II Town Police Station, Rajamahendravaram Urban against the petitioners (A1 and A3) pending disposal of the criminal petition This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri P VIVEK, Advocate for the Petitioner and the Public Prosecutor (TG/AP) on behalf of the Respondent No.1 and none appeared for the Respondent No.2 The Court made the following order:
APHC010236932025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY ,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5063/2025 Between: ...PETITIONER/ACCUSED(S) Thota Sai Krishnamanaidu and Others AND ...RESPONDENT/COMPLAINANT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused(S):
1.P VIVEK Counsel for the Respondent/complainant(S):
1.PUBLIC PROSECUTOR The Court made the following Order: Heard learned senior counsel appearing for the petitioner and learned Assistant Public Prosecutor appearing for the State.
The learned senior counsel appearing for the petitioner submits that the petitioners are arrayed as accused Nos.1 and 3 in Crime No.126 of 2021 on the file of Rajahmundry II Town Police Station, for alleged offences nder Sections 420 and 406 read with 34 of IPO. It is submitted that the dispute between the petitioners and the 2"'* respondent relates to the transfer
2. u /
of shares of the company. It is submitted that the 2"^ respondent is alsQ_a ^ director of Orca Bio Energy Private Limited. The allegation in the complaint is respondent has invested in the company on advice of the petitioners and that the business of the company did not take off as was projected by the petitioners. The learned Assistant Public Prosecutor submits that the police have completed the investigation and filed charge sheet in the month of December, 2023 and the charge sheet was returned. The learned senior counsel submits that the police are repeatedly calling the petitioners to the police station and pressurizing to settle the issue with the 2"'^ respondent. nd that the 2
3. 4. Considering the
submissions, the Station House Officer, Rajahmundry II Town Police Station, is
directed to issue notice to the petitioners under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita/41-A of Cr.P.C., if any further investigation is to be conducted. Accordingly, the Criminal Petition is disposed of, granting liberty to the petitioners to challenge the charge sheet, if so aggrieved with. As a sequel, pending miscellaneous petitions, if ^y, shall stand
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7. closed. r\c Sd/- M SRI NIVAS ASSISTANT REGISTRAR (^^FFICER //TRUE COPY// SECTI To
1. The Station House Officer, II Town Police Station Rajamahendravaram urban
2. One CC to Sri. P Vivek, Advocate [OPUC]
3. Two CCs to Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. [OUT]
4. Three CD Copies VNA
HIGH COURT DATED:06/05/2025
ORDER CRLP.No.5063 of 2025 0 5 AUG 2025 ntSectio o DISPOSING OF THE CRIMINAL PETITION