APHC010594902025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11498/2025 Between: 1. SHAIK VALIL, S/O MASTHAN SAHIB,AGED 45 YEARS, R/O 1-49, FLAT NO.206RADIANCE COMPLEX, RAJ NAGAR COLONY,BACK SIDE PIE ELECTRONICS LANE,UPPAL, HYDERABAD 500039. 2. SAHITHYA REDDY, W/O SHAIK VALIL,AGED 39 YEARS, R/O 1-49, FLAT NO.206RADIANCE COMPLEX, RAJ NAGAR COLONY,BACK SIDE PIE ELECTRONICS LANE,UPPAL, HYDERABAD 500039. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, THROUGH THE STATION HOUSEOFFICER, TANGUTUR P.S., REP. BY ITS.,PUBLIC PROSECUTOR, HIGH COURT OF AP, AMARAVATI. 2. KAMANI VIJAY KUMAR, ,S/O LATE RAMAIAH, AGED 69 YEARSTANGUTUR VILLAGE MANDAL,PRAKASAM DISTRICT. 3. KAMANI BALA MURAL MOHAN KRISHNA, S/O LATE RAMAIAH, AGED 64 YEARS,TANGUTUR VILLAGE MANDAL,PRAKASAM DISTRICT. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused(S): 1. MALIREDDY GOWTHAM Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: ORDER: The instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNS’) has been filed by the Petitioners / Accused Nos.5 and 6, seeking quashment of proceedings against them in 2 Crime No.207 of 2025 on the file of Tangutur Police Station, SPSR Nellore District, registered for the offences under Sections 338 and 316(4) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’). 2. Heard Sri M.Gowtham, learned counsel for the Petitioners and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor for State. 3. Learned counsel for the Petitioners would submit that a case in Crime No.207 of 2025 on the file of Tangutur Police Station, SPSR Nellore District, has been registered against the Petitioners along with the other Accused for the offences under Sections 338 and 316(4) of BNS. Learned counsel would further submit that, even the entire case of the Complainant is considered as a gospel truth, nothing is there against the Petitioners to attract either the offence of Criminal Breach of Trust or the Forgery. It is further submitted that, as per the contents of the complaint of Respondent No.2, the Petitioners availed loans from Accused No.1, who being an employee of Respondent No.2 misappropriated the amounts and gave such loans to the Petitioners. Learned counsel would further submit that, there are promissory notes and cheques of the year 2023 coupled with the registered mortgage deed executed by the Petitioners in favour of Accused No.1 while borrowing the amount from him. It is submitted that there is a record placed before this Court to show that the Petitioners herein, who are the borrowers, have been paying the interest amount to Accused Nos.1 and 2 every month towards the said loan. Learned counsel would finally submit that, continuation of criminal 3 proceedings against the Petitioners, is an abuse of process of law. Hence, prayed to quash the proceedings against the Petitioners in the said crime. 4. Learned Assistant Public Prosecutor would submit that, so far as the allegations attributed against the Petitioners are concerned, even as per the confession of Accused No.1, it is alleged that before lending the amount to the Petitioners, Accused No.1 informed that it is an amount arising out of the misappropriation of funds. 5. For ready reference, Sections 316(4) and 338 of BNS are extracted hereunder: “316(4) Whoever, being a clerk or servant or employed as a clerk or servant, and being in any manner entrusted in such capacity with property, or with any dominion over property, commits criminal breach of trust in respect of that property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 338. Whoever forges a document which purports to be a valuable security or a will, or an authority to adopt a son, or which purports to give authority to any person to make or transfer any valuable security, or to receive the principal, interest or dividends thereon, or to receive or deliver any money, movable property, or valuable security, or any document purporting to be an acquittance or receipt acknowledging the payment of money, or an acquittance or receipt for the delivery of any movable property or valuable security, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.” 6. Considering the submissions made and a fair look at the material placed on record, as rightly put by the learned counsel for the Petitioners, the contents of the complaint or the other material placed on record do not reveal 4 any attributions against the Petitioners to attract the offence of either the Criminal Breach of Trust or the Forgery. 7. In the backdrop of the legal provisions referred to supra, no iota of material has been placed before this Court, to attract the offence either under Section 316(4) of 338 of BNS. In the absence of the allegations to attract the offences alleged, continuation of criminal proceedings against the Petitioners is sheer abuse of process of law. Therefore, this Court is of the considered view that, it is a fit case for quashment of the proceedings against the Petitioners/Accused Nos.5 and 6 by exercising the jurisdiction under Section 528 of BNSS. 8. In result, the Criminal Petition is allowed and the proceedings against Petitioners/Accused Nos.5 and 6 in Crime No.207 of 2025 on the file of Tangutur Police Station, SPSR Nellore District, registered for the offences under Sections 338 and 316(4) of BNS, are hereby quashed. Pending miscellaneous petitions, if any, shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:17.11.2025 Dinesh 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.11498 of 2025 Dt.17.11.2025 Dinesh