APHC010214402025

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457]

TUESDAY ,THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE HARINATH.N

CRIMINAL PETITION NO: 4598/2025

Between:

K Mallikharjuna Rao and Others ...PETITIONER/ACCUSED(S)

AND

The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT

Counsel for the Petitioner/accused(S):

1.RAJA REDDY KONETI

Counsel for the Respondent/complainant:

1.PUBLIC PROSECUTOR

The Court made the following:

THE HON'BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.4598 of 2025

ORDER:

• 1. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor representing the State respondent.
• 2. The present Criminal Petition has been filed seeking to quash the proceedings against the petitioners in Crime No.55 of 2025 on the file of Macherla Town Police Station, Palnadu District, registered for the offences punishable under Sections 6(B), 7(2), 20(1) of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 and consequently direct the concerned Police to return the property seized in connection with the Crime.
• 3. The learned Assistant Public Prosecutor submits that the police, upon completion of investigation in Crime No.55 of 2025, filed charge sheet on 22.04.2025 and the same is yet to be numbered.
• 4. The learned counsel for the petitioners submits that the very inception of the F.I.R. is defective. The learned counsel, while placing reliance on the decision of this Court in Criminal Petition No.3731 of 2018 and batch, dated 27.08.2018, submits that the matter is squarely covered by the said decision and the present Criminal Petition deserves to be allowed by quashing the proceedings against the petitioners.
• 5. The learned Additional Public Prosecutor fairly submits that the matter is covered by the common order passed by this Court in Criminal Petition No.3731 of 2018 and batch, dated 27.08.2018.
• 6. This Court has considered the submissions made by the learned counsel for both sides. A reading of the copy of the F.I.R., filed along with the material papers would clearly show that on the complaint of the Mandal Revenue Inspector, Macharla, the Police have suo motu registered the Crime against the petitioners in this case.
• 7. Since the present case is squarely covered by the decision in Criminal Petition No.3731 of 2018 and batch dated 27.8.2018, for the reasons alike, the Criminal Petition is allowed, quashing the proceedings against the petitioner in Crime No.55 of 2025 on the file of Macharla Town Police Station, Guntur District. As the offences registered against the petitioners are quashed, the tobacco products seized in connection with the Crime shall be returned to the petitioners, on proper identification and under acknowledgement.
• 8. Miscellaneous applications, pending if any, shall stand closed.

____________________ JUSTICE HARINATH.N

Dt.29.04.2025 BV