Syed Irfan Vs the State of Andhra Pradesh — Andhra Pradesh HC (2025) — LawSathi Research

Syed Irfan Vs the State of Andhra Pradesh — Andhra Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Criminal Petition disposed of with the impugned order dated 10.12.2024 set aside: Investigating Officer, Taluka Police Station, to procure transfer of the frozen Rs.13,34,083/- to the petitioner's HDFC Bank A/c No.50100443376454 within two (02) weeks, subject to the petitioner's undertaking that he will be liable to pay the amount if other claimants are found entitled after trial; no order as to costs; connected miscellaneous petitions stand closed.

Issue for consideration

Whether the High Court should set aside the II Additional JMFC, Kadapa's order dated 10.12.2024 (Crl.MP.No.707 of 2024 in Crime No.295 of 2023) dismissing the petitioner's plea for interim custody of the NCRP-frozen Rs.13,34,083/-, given the observed difference between the amount transferred by the petitioner and the amount frozen. +1 more

Court's answer

It is not in dispute that the petitioner transferred amounts to various accounts held by the accused and the amounts frozen by the NCRP follow to the petitioner; in view of this the Court inclined to set aside the Magistrate's order refusing interim custody.

Ratio / Principle

The impugned order dated 10.12.2024 in Crl.P.No.707 of 2024 in Crime No.295 of 2023, on the file of the II Additional Judicial Magistrate of First Class, Kadapa, is set aside.

Key takeaways

The Investigating Officer of Taluk(a) Police Station is to address a letter to the concerned Bank for transfer of Rs.13,34,083/- to the petitioner's HDFC Bank account No.50100443376454 within a period of two (02) weeks from receipt of a copy of the order.ratio¶45
Release is conditioned on the petitioner submitting an undertaking to the Police that in the event other claimants claim the said amount, the petitioner is liable to pay the amount as directed by the Court after trial.ratio¶46

Detailed headnote1 paragraphs

Andhra Pradesh High Court (Amaravati), 17.03.2025, Criminal Petition No.2115/2025, single Judge Harinath.N. A victim of online fraud, who had deposited Rs.30,07,059/- into fraudster-controlled accounts, sought interim custody of Rs.13,34,083/- frozen by the National Cybercrime Portal (NCRP) in different bank accounts, the matter having been registered as Crime No.295 of 2023 at Taluka Police Station, Kadapa. The II Additional JMFC, Kadapa had dismissed his Sections 451/457 Cr.P.C. application on 10.12.2024 (Crl.MP.No.707 of 2024) on the ground that the frozen sum differed from the sum he transferred. Finding it 'not in dispute' that the amounts frozen by the NCRP follow to the petitioner, the High Court set aside the Magistrate's order, directed the Investigating Officer to secure credit of Rs.13,34,083/- to the petitioner's HDFC Bank A/c No.50100443376454 within two weeks, and conditioned release on the petitioner undertaking liability to pay the amount back if other claimants are found entitled after trial. Petition disposed of; no order as to costs.

SI I.

IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI MONDAY .THE SEVENTEENTH DAY OF MARCH ^ TWO THOUSAND AND TWENTY FIVE

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PRESENT

THE HONOURABLE SRI JUSTICE HARINATH.N

CRIMINAL PETITION NO: 2115 OF 2Q2fi

Between;

Syed Irfan, S/o. S.AIIah Bakash, Age 28 Years, Occ: Software Engineer, R/o.D.No.50/261, Ravindra Nagar, Kadapa.

...Petitioner/Defacto-Complainant

AND The State of Andhra Pradesh. Through The Station House officer. Taluka Police Station. Kadapa. YSR District. Rep. by its State Public Prosecutor. High Court of Andhra Pradesh. Amaravati.

...Respondent

Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition. the High Court may be pleased to Call for the entire records and set-aside the impugned order dated 10.12.2024 in Crl.MP.No.707 of 2024 in Cr.NO.295 of 2023 on the file of the II Additional Judicial Magistrate of First Class. Kadapa and Consequently, direct the Respondent/s herein to release the frozen amount of 13,34,083/- in favor of the petitioner as interim custody.

I.A. NO; 1 OF 209/^

Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition.

i' the High Court may be pleased to direct the Respondent- Investigation Agency to submit a detailed status report regarding the present case, incuding the progress of the investigation, efforts made to trace the accused, the status of the frozen amounts, and the expected timeline for completion of the i investigation, considering the prolonged delay in investigation.

This Petition - ^ hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri eera Kanishka, Advocate for the Petitioner and the Assistant Public Prosecutor on behalf of the Respondent No . 1

The Court made the following:

APHC010097842025

IN THE HIGH COURT OF ANDHRA PRADESH 0ES AT AMARAVATI (Special Original Jurisdiction)

[3457]

MONDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE HARINATH.N

CRIMINAL PETITION NO: 2115/2025

Between:

Syed Irfan

...PETITIONER/ACCUSED

AND

The State Of Andhra Pradesh

...RESPONDENT/COMPLAINANT

Counsel for the Petitioner/accused:

1.DHEERA KANISHKA

Counsel for the Respondent/complainant:

1.PUBLIC PROSECUTOR

The Court made the following order:

Aggrieved by the order passed by the II Additional Judicial Magistrate of First Class, Kadapa, YSR Kadapa District, in Crl.MP.No.707 of 2024 in Crime No.295 of 2023, the present criminal petition is filed.

The petitioner was a victim of online fraud and he had deposited an amount of Rs.30,07,059/(Thirty Lakh Seven Thousand Fifty Nine rupees) into various accounts, as instructed by the accused. Flaving realized that the petitioner was a victim of online fraud, he filed a complaint before the National Cybercrime Portal (NCRP), wherein the said authority has frozen Rs.13,34,083/in different bank accounts pertaining to fraudulent transactions. Subsequently, the matter was handed over to Kadapa^TalukaPolice Station for investigation, which was registered as^{CrimeNo.295of} 2023. Thereafter, the petitioner filed an application before the learned Magistrate under Section 451 and 457 of Cr.P.C., seeking interim custody of Rs. 13,34,083/-. Flowever, the learned Magistrate, after considering the submissions of the petitioner and the public prosecutor, dismissed the said application, observing that the amount frozen by the Investigating Officer, and the amount transferred by the petitioner, was different.

Heard learned counsel for the petitioner and learned^Assistant Public Prosecutor.

Learned counsel for the petitioner submits that in cyber crimes, once the accused withdraws the money from the^account, the account would be closed, and fresh accounts would be opened in other banks.

Learned Assistant Public Prosecutor submits that there could be other claimants to the said amount. As of now, the Investigating Officer has not received any complaint about the said amount.

Perused the record and considered the rival submissions.

It is not in dispute that the petitioner had transferred amounts to various accounts held by the accused, and the amounts which are frozen by the NCRP, is following to the petitioner, in view of the same, this Court is inclined to set aside the impugned^orderdated 10.12.2024.

Therefore, the impugned order dated 10.12.2024 in Crl.P.No.707 of 2024 in Crime No.295 of 2023, on the file of the II Additional Judicial Magistrate of First Class, Kadapa, is hereby set aside. The Investigating Officer of Taluk Police Station shall address a letter to the concerned Bank for transferring the amount of

1

Rs.13,34,083/- to the account of the petitioner held^inHDFCBank No.50100443376454, within a period of two (02) weeks^fromthe

date of receipt of a copy of this order. Further, the petitioner shall submit an undertaking to the Police concerned that in the event if the other claimants claim the said amount, the petitioner is liable to pay the amount, as directed by the Court, after conducting^trial.

With the above direction, the Criminal Petition is disposed of.

There shall be no order as to costs.

As a sequel, miscellaneous petitions, if any, shall stand

closed.

//true copy//

Sd/- K J RAJA BABU assistant register

SECTION OFFICER

To, House officer, Taluka Police Station Kadapa, YSR District, 1. The Station Kanishka, Advocate [OPUC]

1. One CC to Sri. Dheera Court of Andhra Pradesh at

Public Prosecutor, High

1. Two CCs to the Amaravalhi [OUT]

4. Three CD Copies

Stu Sree Note: In Paragraph No.8 of the ^^^erls^ as^per^th^Court

Sd/- K J RAJA BABU assistant registrar

HIGH COURT

DATED:17/03/2025 29/07/2025

AMENDED ORDER CRLP.No.2115 Of 2025

0 5 AUG 2075 ^ , Current aeciion ^

DISPOSING OF THE CRIMINAL PETITION