1 HN, J Crl.P.No.4064 _2025 APHC010185502025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY ,THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4064/2025 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 2 HN, J Crl.P.No.4064 _2025 The Court made the following Order: 1. The learned counsel for the petitioner submits that the petitioner is arraigned as Accused No.4 in C.C.No.504 of 2025 on the file of the VII Additional Judicial I Class Magistrate, Visakhapatnam, for the alleged offences under Section 318(4) of the BNS and Section 7(1) of Essential Commodities Act (For short, “EC”). 2. It is submitted that the petitioner is implicated solely based on the alleged confessional statements of Accused Nos.1 to 3. It is further submitted that the petitioner is the owner of a rice mill and had not purchased any PDS rice from the other accused. There was no seizure of any PDS rice from the custody of the petitioner. 3. It is further submitted by the learned counsel for the petitioner that operating a rice mill with the necessary permissions from the competent authorities cannot be treated as an offence, and the petitioner cannot be implicated merely on the basis of the confession of co-accused. Reliance is placed on the judgment of this Court in Crl.P.No.1625 of 2022, wherein the Court, in a similar and identical case, found no prima facia case against the petitioner therein to quash the case. 4. Perused the record. 5. Heard the learned Assistant Public Prosecutor. 3 HN, J Crl.P.No.4064 _2025 6. Admittedly, there is no prima facia case against the petitioner. The petitioner running a rice mill after obtaining the necessary permission from the competent authorities. Merely on the basis of the confessional statements of the other accused, the petitioner has been arraigned as an accused without there being any cogent evidence. 7. On these grounds, this Court is inclined to quash C.C.No.504 of 2025, on the file of VII Additional Judicial I Class Magistrate, Visakhapatnam, as against the petitioner. 8. Accordingly, the Criminal Petition is allowed. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date: 17.04.2025 NKA 4 HN, J Crl.P.No.4064 _2025 97 HONOURABLE SRI JUSTICE HARINATH.N Criminal Petition No.4064 of 2025 Date: 17.04.2025 NKA