APHC010097372025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 2235/2025 Between: Shaik Rasool Kalakada and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused(S): 1. HARIBABU PONNAM Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: 2 Order:- The learned counsel for the petitioners submits that the 2nd respondent has filed a private complaint for the alleged offences under Sections 403, 406, 506, 420 r/w 34 of the IPC in Crime No.317 of 2023, on the file of Dwaraka Tirumala Police Station, Eluru District. 2. It is alleged in the complaint that the petitioners induced the 2nd respondent and proposed to purchase Ac. 4.00 cents of land at Rayachoti. The petitioners represented that the property, which was proposed to be purchased by the de facto complainant, was in demand, and in order to purchase the same, the petitioners demanded Rs. 3,00,000/- as an advance. Believing the petitioners, the de facto complainant transferred the amount of Rs. 3,00,000/- from the account of his father’s brother. 3. It is also alleged in the complaint that the petitioners took empty signed cheques from the 2nd respondent and his relatives. The said cheques were filled with fanciful amounts by the petitioners and presented into their accounts. When the 2nd respondent questioned the petitioners about the same, the cheques that were presented were dishonored due to insufficient funds, and subsequently, the 2nd respondent issued instructions for stop payment. The 2nd respondent filed a complaint alleging that the petitioners have cheated the 2nd respondent and also collected an amount of Rs. 3,00,000/-. On these grounds, the petitioners are arraigned as accused Nos. 1 and 2 on the strength of the private complaint filed by the 2nd respondent. 3 4. Considering the same, this Court is inclined to direct the Station House Officer/Investigating Officer, Dwaraka Tirumala Police Station, Eluru District, to follow the procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 5. With these observations, this Criminal Petition is disposed off. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N 04.03.2025 PNS