Date of reserved for orders : Date of pronouncement :14.07.2026 Date of uploading : APHC010270782026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY, THE 14th DAY OF JULY 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 532/2026 Between: 1. M/S WRITER BUSINESS SERVICE PVT LTD, REP BY ITS BRANCH MANAGER B. GURUSWAMY, S/O BHEEMANNA AGED ABOUT 42 YEARS, OCC BRANCH MANAGER D.NO. 2-176, Z CROSS, 2 ROAD, ANANTHAPUR ANTHAPURAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR HIGH COURT OF ANDHRA PRADESH. 2. YELLA JABAR, S/O FAYUM AGED ABOUT 25 YEARS OCC ATM CUSTODIAN R/O SASTRI NAGAR, BADVEL TOWN, N/O KHAJIPETA VILLAGE KADAPA DISTRICT. 3. SYED AHAMMED, S/O GHOUSE AGED ABOUT 25 YEARS, OCC ATM CUSTODIAN R/O SASTRI NAGAR, BADVEL TOWN, KADAPA DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. RAMALAKSHMANA REDDY SANEPALLI Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR The Court made the following: The present Criminal Revision Case is filed under Sections 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), challenging the order dated 08.01.2026 passed in Criminal M.P.No.77 of 2025 by the learned Principal District and Sessions Judge, Y.S.R. Kadapa District, arising out of Crime No.432 of 2020 of Badvel Police Station, registered for the offences punishable under Section 408 read with Section 34 of the Indian Penal Code, 1860, whereby the learned Sessions Judge dismissed the petition seeking condonation of delay. 2. Heard Mr. Ramalakshmana Reddy Sanepalli, learned counsel for the petitioner and Mr. A.Sai Rohit, the learned Assistant Public Prosecutor. 3. On perusal of the record, it is observed that the petitioner filed Criminal M.P.No.77 of 2025 seeking condonation of a delay of 577 days in filing an application under Section 451 of the Code of Criminal Procedure, 1973, (‘the Cr.P.C.) for interim custody of the cash seized in the above crime. The petition was filed under Articles 114(a), 114(b) and 115(b) of the Schedule to the Limitation Act, 1963. The learned Sessions Judge dismissed the application solely on the ground that no details explaining the delay were furnished. 4. The petitioner is the de facto complainant. By virtue of entering into, into a Memorandum of Understanding with a private bank for cash management services, he had engaged respondent Nos.2 and 3 to deposit cash into the Bank's Automated Teller Machines (ATMs). It is alleged that respondent Nos.2 and 3 misappropriated the cash, leading to registration of the above crime. Notably, respondent Nos.2 and 3 did not file any counter before the learned Sessions Judge opposing the petition. 5. The record further discloses that the seized cash amounts to Rs.14,30,000/-. The petitioner claims ownership of the said amount and it is not in dispute that the petitioner is the owner of the said amount. He has sought interim custody under Section 451 of the Code of Criminal Procedure, 1973. The explanation offered for the delay is that the petitioner had to secure the relevant records from his predecessor before filing the application. 6. In the facts and circumstances of the case, the said explanation appears to be reasonable and constitutes sufficient cause for condoning the delay. At the same time, the delay is considerable and deserves to be compensated by the imposition of costs. The learned counsel for the petitioner has fairly volunteered to pay costs of Rs.10,000/-, which is found to be just and reasonable. 7. The order dated 08.01.2026 passed in Criminal M.P.No.77 of 2025 by the learned Principal District and Sessions Judge, Y.S.R. Kadapa District, is set aside. Consequently, the delay of 577 days in filing Criminal M.P. No.77 of 2025 is condoned, subject to the petitioner paying costs of Rs.10,000/- (Rupees Ten Thousand only) to Andhra Pradesh High Court Advocates' Association. within one (01) week from the date of receipt of a copy of this order. 8. Accordingly, the Criminal Revision Case is allowed with costs. As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 14.07.2026 JLSR Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No 85 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 532 of 2026 Date: 14.07.2026 JLSR