KOPPAKA NAGESWARA RAO @ SESHU v. THE STATE OF ANDHRA PRADESH
CRLP/3460/2025 · 2025-04-02
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 13230 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 13230 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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APHC010158292025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY ,THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 3460/2025 Between: Koppaka Nageswara Rao @ Seshu ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused:
1. M M M SRINIVASA RAO Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR The Court made the following:
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THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.3460 OF 2025 ORDER:
1. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor appearing for the State.
2. The learned counsel submits that the petitioner was arraigned as A.4 in C.C. No.377 of 2023 on the file of the III Additional Chief Metropolitan Magistrate, Gajuwaka, Visakhapatnam, for the alleged offence under Section 7(1) of the Essential Commodities Act, 1955. It is alleged in the complaint that the petitioner was involved in the transport of PDS rice.
3. The learned counsel for the petitioner submits that in the charge sheet, it was mentioned that the petitioner was doing the poultry business. However, the petitioner was engaged in the seasonal business of purchasing and selling dry fruits and related products.
4. It is further submitted that there are no specific allegations levelled against the petitionerunder Section 7(1) of the Essential Commodities Act. Reliance is placed on the judgment of this Court rendered in Crl.P.No.1625 of 2022, wherein, under identical circumstances, this Court quashed the case against the petitioner.
5. Similarly, in the present case, the learned counsel submits that there are no ingredients present in the charge sheet that would attract Section 7(1) of the Essential Commodities Act.
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6. Considering the submissions, the proceedings in C.C. No.377 of 2023 on the file of the III Additional Chief Metropolitan Magistrate, Gajuwaka, Visakhapatnam, pending against the petitioner, are hereby quashed.
7. Accordingly, the criminal petition is allowed.
8. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed. ____________________ JUSTICE HARINATH.N Dt.02.04.2025 BV