APHC010352622020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY,THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION Nos: 5692 of 2020 & 524 of 2021 Crl.P.No.5692 of 2020 Between: 1. NOORE ALAM,, S/O MUJIBAR REHMAN, AGED 27 YEARS, OCC TECHNICIAN, SAHIL GRAPHICS, R/O FLAT NO.115, ROHINI VIJAY VIHAR, PHASE-I, ROHINI, NORTH WEST DELHI, DELHI. 2. SAHIL,, S/O SHAFIA AHMED, AGED 26 YEARS, OCC MANAGER, SAHIL GRAPHICS, R/O H.NO.512, FARIDABAD, SECTOR-22, HARYANA STATE. 3. RAJESH BATRA,, S/O RAM KISHAN BATRA, AGED 39 YEARS, OCC C.E.O., SAHIL GRAPHICS, R/O H.NO.688, SECTOR-8, FARIDABAD, FARIDABAD SECTOR-7 S.C. HARYANA STATE. 4. BHUKYA SURESH,, S/O BHUKYA THAOO, AGED 24 YEARS, OCC MARKETING PERSON, SAHIL GRAPHICS, R/O PAKEERA THANDA, NARASIMHULUPETA, MUNGIMADUGU MANDAL, WARANGAL DISTRICT. ...PETITIONER/ACCUSED(S) AND 1. THE STATE, THE STATE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, NELAPADU, AMARAVATI, GUNTUR DISTRICT. 2. THE SUBINSPECTOR OF POLICE, VEERAVALLI POLICE STATION, BAPULAPADU MANDAL, KRISHNA DISTRICT. 2 Dr. YLR, J Crl.P.Nos.5692 of 2020 and 524 of 2021 Dated 29.01.2026 3. ALUGUVILLI SHEKAR REDDY, S/O NARAYANA REDDY, GENERAL MANAGER, SIDDARTHA INNOPACK COMPANY, VEERAVALLI VILLAGE, BAPULAPADU MANDAL, KRISHNA DISTRICT. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused(S): 1. SAI GANGADHAR CHAMARTY Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) 2. T V P SAI VIHARI Crl.P.No.524 of 2021 Between: 1. M/S SAHIL GRAPHICS,, FARIDABAD, STATE OF HARYANA, A PROPRIETARY CONCERN, REPRESENTED BY ITS PROPRIETOR SHAFIA AHMED S/O DOST MOHAMMAD AGED 54 YEARS. ...PETITIONER/ACCUSED AND 1. THE STATE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, NELAPADU, AMARAVATI, GUNTUR DISTRICT. 2. THE SUBINSPECTOR OF POLICE, VEERAVALLI POLICE STATION, BAPULAPADU MANDAL, KRISHNA DISTRICT. 3. THE BRANCH MANAGER, ICICI BANK, SECTOR-7, BALLAGARH, FARIDABAD, STATE OF HARYANA. 4. THE BRANCH MANAGER, ICICI BANK, HANUMAN JUNCTION BRANCH, KRISHNA DISTRICT. 5. ALUGUVILLI SHEKAR REDDY, S/O NARAYANA REDDY, GENERAL MANAGER, SIDDARTHA INNOPACK COMPANY, VEERAVALLI VILLAGE, BAPULAPADU MANDAL, KRISHNA DISTRICT. ...RESPONDENT/COMPLAINANT(S): 3 Dr. YLR, J Crl.P.Nos.5692 of 2020 and 524 of 2021 Dated 29.01.2026 Counsel for the Petitioner/accused: 1. SAI GANGADHAR CHAMARTY Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) 2. T V P SAI VIHARI 4 Dr. YLR, J Crl.P.Nos.5692 of 2020 and 524 of 2021 Dated 29.01.2026 COMMON ORDER: These two Criminal Petitions are heard and disposed of by this common order as they arise out of one crime. 2. The Criminal Petition No.5692 of 2020 has been filed under Section 482 of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.,’) seeking to quash the proceedings against the Petitioners/Accused Nos.1 to 4 in Crime No.235 of 2020 of Veeravalli Police Station, Bapulapadu Mandal, Krishna District, registered for the alleged offences punishable under Sections 420, 406, 323 and 506 read with 34 of the Indian Penal Code (for brevity, ‘the IPC’). 3. The Criminal Petition No.524 of 2021 has been filed under Section 482 of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.,’) seeking to quash the impugned notice in Cr.No.235 of 2020 under Sections 420, 406, 323 and 506 of ‘the IPC’ issued by the Station House Officer, Veeravalli Police Station, Bapulapadu Mandal, Krishna District. 4. Heard the learned counsel for the Petitioners and the learned Assistant Public Prosecutor. Perused the record. 5. The brief averments of the complaint are that the complainant company, represented by its General Manager, was induced by Sahil Graphics through its Sales Person, i.e., Accused No.4/Bhukya Suresh, Business Manager, i.e., Accused No.2/Sahil, and CEO, i.e., Accused No.3/Rajesh Batra, to purchase three machines worth Rs.51,88,312/- on the false assurance that they would 5 Dr. YLR, J Crl.P.Nos.5692 of 2020 and 524 of 2021 Dated 29.01.2026 function well; however, from the date of installation on 25.06.2020, the Ear Loop Automatic Welding Machine and Ultrasonic Sealing Machine never worked. In spite of repeated requests, unqualified persons were sent who falsely claimed the machines were in good condition while collecting travel and service charges, which ultimately led to closure of the company. Later, when technician ie., Accused No.1/Noore Alam was deputed, it became clear that he did not have the skills to operate the machines. Upon being questioned on 01.11.2020, Accused No.1 assaulted the complainant and, in collusion with Accused Nos.2 and 3, issued threats over phone to kill the complainant and his Managing Director, which was witnessed by others, thereby constituting offences of cheating, breach of trust, assault, and criminal intimidation against all the accused. 6. On perusal of the record, a notice dated 03.11.2020 under Section 91 of ‘the Cr.P.C.,’ was issued in Crime No.235 of 2020 of Veeravalli Police Station by the Station House Officer, in connection with the alleged offences punishable under Sections 420, 406, 323 and 506 of ‘the IPC’. The crime pertains to the year 2020, and nearly more than five years have elapsed since then. 7. Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor submits that the investigation is still pending. It is further submitted that the impugned notice was not issued to the petitioner, but to the Bank Manager, ICICI Bank, Hanuman Junction Branch. If such notice was issued to the petitioner, he 6 Dr. YLR, J Crl.P.Nos.5692 of 2020 and 524 of 2021 Dated 29.01.2026 would have approached this Court. The petitioner is not an aggrieved person in the present case. Further, the Branch Manager of ICICI Bank has not approached this Court challenging the said notice. 8. On further perusal of the record, Respondent No.5 lodged a report against the petitioner and other accused. It appears that all the alleged offences are punishable with imprisonment of less than seven years. The allegation against the petitioner is that Accused Nos.1 and 2 supplied Ear Loop Automatic Welding Machine and Ultrasonic Sealing Machine which are useful for mask making, but, it is observed that those machineries were not working. However, the learned counsels appearing for both sides unable to submit the present stage of the cases. Much water has flown under the bridge by now, inasmuch as the charge sheet or the referred proceedings were obtained before the jurisdictional Magistrate. 9. Considering the facts and circumstances of the case, this Court finds no merits in these Criminal Petitions. Accordingly, the Criminal Petitions are disposed of, granting liberty to the petitioners to file appropriate petition against the charge sheet, if so advised. 10. In the result, the Criminal petitions are disposed of. As a sequel, Miscellaneous petitions, if any pending, shall stand closed. ________________________ DR. Y. LAKSHMANA RAO, J Date: 29.01.2026 PRA 7 Dr. YLR, J Crl.P.Nos.5692 of 2020 and 524 of 2021 Dated 29.01.2026 8 Dr. YLR, J Crl.P.Nos.5692 of 2020 and 524 of 2021 Dated 29.01.2026 183 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION Nos: 5692 of 2020 & 524 of 2021 Date: 29.01.2026 PRA