IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATH TUESDAY, THE TWENTY NINTH DAY OF APRIL $\scriptstyle\smile$ TWO THOUSAND AND TWENTY FIVE $\smile$ :PRESENT:

THE HONOURABLE SRI JUSTICE HARINATH.N

CRIMINAL PETITION NO: 4625 OF 2025

Between:

Avadesh Sharma @ Avadesh Behari Sharma, S/o.Mukutbehari Sharma Aged about 40 years, Occ: Business, R/o. 974, Shantinagar, Opp.Durgapura Railway Station, Durgapura, Jaipur, Rajasthan - 302 018.

Petitioner/A-1 $\sqrt{ }$

AND

The State of Andhra Pradesh, Drugs Inspector, Bhimavaram, Rep.by Public Prosecutor, High Court of AP, Amaravathi.

Respondent

Petition under Section 528 of BNSS., is filed praying that in the circumstances stated in the grounds filed in support of the CriminalPetition, the High Court may be pleased to call for the records in PRC.No.32/2018 on the file of the court of the II Additional Judicial First Class Magistrate, Bhimavaram, W.G.District, Andhra Pradesh and quash the same in so far as the petitioner/ A-1 is concerned as the same is illegal, abuse of process of law being violative of Art.20 (2) of the Constitution of India and Sec.300 of the Code of Criminal Procedure

IA NO: 2 OF 2025

Petition under Section 528 of BNSS., is filed praying that in the circumstances stated in the grounds filed in support of the CriminalPetition, the High Court may be pleased to grant stay all further proceedings including appearance of the petitioner/A-2 in PRC.No.32/2018 on the file of the court of _ _- _ the II Additional Judicial First Class Magistrate, Bhimavaram, W.G.District, Andhra Pradesh

I

* a

The petition coming on for hearing, upon perusing the petition and the grounds filed in support thereof and upon hearing the arguments of Sri. YASWANTH GADE, Advocate for the Petitioner and of PUBLIC PROSECUTOR for the Respondent;

The Court made the following ORDER:

• 1. Heard the submissions of the learned senior counsel appearing for the petitioner and the learned Assistant Public Prosecutor appearing for the State. uf
• 2. The learned senior counsel appearing for the petitioners submits that the petitioner was arraigned as A.1 in P.R.C.No.32 of 2018 on the file of the cl2JJrt Of the " Additional Judicial First Class Magistrate, Bhimavaram, West Godavari District, for the alleged offences under Sections 17(B)(c)(d),18(c) 18(a)(i) read with section 16(a) read with [l schedule of the Drugs and Cosmetics Act,1940. /
• 3. The learned senior counsel further submits that petitioner had faced several allegations for allegedly manufacturing of spurious drug and was convicted in one case and also underwent imprisonment. On the same batch of drugs which were allegedly manufactured by the petitioner, an FIR filed before the State of Maharastra, was challenged by the petitioner by filing Criminal Appeals No.170 and 172 of 2025 on the file of the High Court of Judicature at Bombay Bench at Aurangabad.
• 4. The learned senior counsel for the petitioner submits that the petitioners' Criminal Appeal was allowed by. the High Court of Judicature at Bombay Bench at Aurangabad on the ground that the petitioner could not have been prosecuted for one offence repeatedlyI
• 5. This matter would require consideration. $\checkmark$
• 6. Considering the submissions, there shall be stay of all further proceedings in P.R.C.No.32 of 2018 on the file of the Court of the II Additional Judicial First Class Magistrate, Bhimavaram, West Godavari District.
• 7. For filing counter, list the matter on 30.06.2025 along with Crl.P. No.4591 of 2025 and batch.

//TRUE COPY//

SDI-M. PRABHAKAR RAO ASSISTANT REGISTRAR SECTION OFFICER

To,

• 1. The II Additional Judicial First Class Magistrate, Bhimavaram, West Godavari District
• 2. One CC to Sri. YASWANTH GADE, Advocate [OPUC]
• 3. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh. Amaravati. [OUT]
• 4. One spare copy

JSS

HIGH COURT

HN,J

DATED :29/04/2025

LIST THE MATTER ON 30.06.2025 ALONG WITH CrI.P. No.4591 of 2025 AND BATCH

ORDER

CRLP.No.4625 of 2025

. n -O-

STAY