ll i APHC010056412025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 136 OF 2025 BETWEEN: Chebrolu Madhava Rao, S/o. Balakrishnaiah, Aged about 63 years, Hindu R/o Ramakrishnapuram Village, Chirala Mandal, Bapatia District. ... Defacto Complainant/Revision Petitioner AND 1. State of AP, Rep. by Public Prosecutor, High Court of Andhra Pradesh, at Amaravathi. 2. Station House Officer, Chirala One Town Police Station, Bapatia District. 3. Manager, Bandhan Bank, Anna Nagar Branch, Chennai. State. Tamilnadi ...Proforma/Respondents Petition under Section 438 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court be pleased to aggrieved against the order passed in Criminal Miscellaneous Petition No.272 of 2024 of Chirala 1 Town Police Station, Dated 25/11/2024 on the file of the Additional Judicial Magistrate First Class Cum Additional Junior Civil Judge, Chirala, Prakasam District. lA NO: 1 OF 2Q2fi Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 3rd respondent (garnishee) not to release the 1,06,00,000/-(0ne Crore Six Lakhs Rupees) freezed at the behest of Inspector of Police, Chirala 1-Town P.S, Praksam District, under Sec 94 of B.N.S.S ( 91 of Cr.PC) / 69A of IT Act dated. 22-08-2024 served on 23-08-2024 through the Branch Manager, Bandhan Bank Branch in Ac. No. 20100030074899 of Cyber Forest Technology Pvt pending disposal of the Criminal Revision Petition and to order or orders as the Hon'ble Court may deem fit and proper in interests of justice. Counsel for the Petitioner: SRI GHANTA SRIDHAR Counsel for the Respondents: PUBLIC PROSECUTOR The Court made the following Order: amount of Rupees office of AP, vide notice Ongole Ltd. pass such other APHC010056412025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 136/2025 THE Between: CHEBROLU MADHAVA RAO, S/0 BALAKRISHNAIAH, AGED ABOUT 63 YEARS, HINDU, R/0 RAMAKRISHNAPURAM VILLAGE, CHIRALA MANDAL, BAPATLA DISTRICT. ...PETITIONER AND 1.STATEOF AP, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AT AMARAVATHI 2.STATION HOUSE OFFICER, CHIRALA 1-TOWN PS. BAPATLA DISTRICT 3.MANAGER, BANDHAN BANK, ANNA NAGAR BRANCH, CHENNAI TCLYNUANADFI- 9BATE. ...RESPONDENT(S): Counsel for the Petitioner: 1.GHANTASRIDHAR Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR The Court made the following: 2 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE No:136/202fi ORDER: Heard Sri Ghanta Sridhar, learned Senior Counsel for the Petitioner Mr. Neelotpal Ganji, learned Assistant Public Prosecutor. and 2. Admittedly, the amount of Petitioner/defacto complainant who transferred this Rs.1,06,00,000/- belongs to amount to Accused No.l’s account. Later, the Petitioner found that it was a fraud played by the Accused. He immediately lodged the report with the police. Police fortunately account of the Accused No.1 and the amount if now lying with Bandan Bank, the froze the Anna Nagar Branch, Chennai. 3. The learned Magistrate at the time of dismissing the Revision that it would be difficult for the learned Trial Court to the time of the trial. reasoned secure the said amount at 4. Be that as it may, if a security is given by the Petitioner to the satisfaction of the learned Judicial Magistrate of First Class amount could be withdrawn, inasmuch Petitioner. , Chirala, the as the amount belongs to the 5. The learned Trial Court is directed to follow the directions of the Hon’ble Apex Court in Sunderbhai Ambalal Desai v. State of Gujarat', at paragraph Nos.7 and 17 as under; ^ (2002) 10 see 283 3 “7. In our view, the powers under Section 451 CrPC should be exercised expeditiously and judiciously. It would serve various purposes, namely: 1. owner of the article would not suffer because of its remaining unused or by its misappropriation; 2. court or the police would not be required to keep the article in safe custody; 3. if the proper panchnama before handing over possession of the article Is prepared, that can be used in evidence instead of its production before the court during the trial. If necessary, evidence could also be recorded describing the nature of the property in detail; and 4. this jurisdiction of the court to record evidence should be exercised promptly so that there may not be further chance of tampering with the articles. 17. In our view, whatever be the situation, it is of no use to keep such seized vehicles at the police stations for a long period. It is for the Magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time. This can be done pending hearing of applications for return of such vehicles." 6. In the result, the order dated 25.11.2024 in Crl.M.P.No.1245 of 2024 on the file of the learned Additional Judicial Magistrate of First Class-cum- Additional Junior Civil Judge, Chirala is set aside, the learned Trial Court is directed to take steps for getting amounts from the Bandan Bank, Anna Nagar Branch, Chennai and further directed to release the amount of Rs.1,06,00,000/- to the Petitioner/defacto complainant subject to the Petitioner paying sufficient surety to the learned Additional Judicial Magistrate of First Class-cum-Additional Junior Civil Judge, Chirala. 7. With the above observations and directions, this Criminal Revision Case is disposed of. No order as to costs. m 4 V As a sequel, interlocutory applications, if any pending, shall stand closed. Sd/- V DIWAKAR DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Additional Judicial Magistrate First Class Cum Additional Junior Civil Judge, Chiraia, Prakasam District. 2. The Station House Officer, Chiraia One Town Police Station, Bapatia District. 3. The Manager, Bandhan Bank, Anna Nagar Branch, Chennai. Tamilnadi State. 4. One CC to Sri. Ghanta Sridhar, Advocate [OPUC] 5. Two CCs to Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. [OUT] 6. Two C.D Copies. SSL VNA HIGH COURT DATED:01/08/2025 ORDER (§ 1R AUG 2025 m CRLRC NO. 136 OF 2025 Pi ^ . Current Section . ^ DISPOSING OF THE CRIMINAL REVISION CASE