APHC010224092026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY, THE TWENTY SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 3445/2026 Between: 1. TAMMISETTI MAHESH BABU, S/O BABU RAO, AGE 28 YEARS,D.NO. 8-222/B, CHINCHALA DONKA, PIDUGURALLA TOWN, GUNTUR - 522413OFFICE AT WHITE GOLD BULLION PRIVATE LTD, ARULDALPET, GUNTUR CITY,GUNTUR DISTRICT, ANDHRA PRADESH 2. KAPPALA NARASIMHARAO, S/O BADRESWARA RAO, R/O 16-4-78, YADAVA STREET,GANDHI STATUE, OLD GUNTUR, KOTHAPETA, GUNTUR, ANDHRA PRADESH - 522001OFFICE AT WHITE GOLD BULLION PRIVATE LTD, ARULDALPET, GUNTUR CITY,GUNTUR DISTRICT, ANDHRA PRADESH. 3. WHITE GOLD BULLION PRIVATE LIMITED, REPRESENTED THROUGH ITS BRANCHMANAGER, ARULDALPET, GUNTUR CITY, GUNTUR DISTRICT, ANDHRA PRADESH,HAVING ITS REGISTERED OFFICE AT 75, 1 FLOOR, HOSUR ROAD, 5INDUSTRIALAREA, KORAMANGALA, BENGALURU, KARNATAKA ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECTORHONBLE HIGH COURT OF ANDHRA PRADESH, AMARAVATI - 2. THE STATION HOUSE OFFICER, NUZIVIDU TOWN POLICE STATION,ELURU DISTRICT, ANDHRA PRADESH - 521201 2 3. MANDALAPADU NARESH, S/O SAI BABA, 39 YEARS OLD,TADEPALLI, GUNTUR DISTRICT DISTRICT, ANDHRA PRADESH - 522501PH NO 9542021999 ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused(S): 1. TAGORE YADAV YARAGORLA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: ORDER: The Criminal Petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (for brevity, ‘the Cr.P.C.’)/Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, ‘the BNSS’) seeking quash of FIR No.160/2025 on the file of Nuzvid Town Police Station, Eluru District insofar as Petitioner Nos.1 and 2 are concerned, quash of notices under Section 35(3) of ‘the BNSS’ and summons dated 10.03.2026, 11.03.2026, and 16.04.2026 under Section 94 of ‘the BNSS’ issued to Petitioner No.3 as being without jurisdiction and incapable of compliance, and declaration that insistence on production of gold ornaments no longer existing due to bona fide business. 2. Notice to Respondent No.3 is not required, as he is the de-facto complainant who had stated to the police that 4 grams of gold ornaments were stolen by unknown offenders. 3 3. Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor submits that the Station House Officer has also requested production of CCTV footage of the premises of Respondent No.3. 4. Mr.Tagore Yadav Yaragorla, the learned counsel for the Petitioners submits that the CCTV footage is beyond seven months old and therefore unavailable with Petitioner No.3. However, the Petitioners undertake to furnish all relevant documents relating to the alleged transaction. 5. The Respondent No.2 has issued a notice to the Petitioners directing production of one gold chain weighing 32 grams, eight gold bangles weighing 100 grams, two gold saree pins weighing 35 grams, and one pair of gold earrings weighing 10 grams. It is noted that FIR No.160/2025 was registered based on a complaint lodged by Respondent No.3, wherein he alleged theft of gold pins weighing 4 grams by unknown offenders. Therefore, there is no justification for Respondent No.2 to direct Petitioner Nos.1 and 2, who are employees of Petitioner No.3, to produce all four gold articles mentioned above. The only justified direction pertains to item No.3, i.e., gold saree pins weighing 35 grams, which are the subject matter of FIR No.160/2025. 6. Accordingly, the Investigating Officer is directed to insist only on production of the gold saree pins weighing 35 grams, which are the subject matter of FIR No.160/2025. The Investigating Officer/Respondent No.2 is at liberty to proceed against the Petitioners for recovery of other gold ornaments, if they are subject matter of other crimes registered. 4 7. In the result, the Criminal Petition is partly allowed, setting aside the notice dated 16.04.2026 in Cr.No.160/2025 of Nuzvid Town Police Station. As a sequel, miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 27.04.2026 PRA 5 53 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.3445 of 2026 Date: 27.04.2026 PRA