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2025 DAILYLAW 20143 (AP)

POOSARLA SANDEEP v. THE STATE OF ANDHRA PRADESH

CRLP/6169/2025 · 2025-06-23

Harinath N

body2025

Judgment text

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APHC010282722025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI A’ TUESDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.6169 of 2025 V 1 / V o?// jif :0i \ - . Between: Poosarla Sandeep, S/o. Sri China Appala Narasimhulu, Age 39 Occ: Rice Mill Owner, R/o. D.No.12-1, Peda Bazar, Chodavaram- 531036, Anakapalli District. years. ...Petitioner/A-6 AND 1. The State of Andhra Pradesh, rep by its Public Prosecutor, High Court at Amaravati through its Sub Inspector of Police, Chodavaram PS Anakapalli District. 2. K Trinadha Rao, S/o. Sri Gijjannna, Occ: Deputy Tahsildar, Civil Supplies, Chidavara|i-531036, Anakapalli District. ...Respondents/Complainant Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records relating to the proceedings in CC.No. 872 of 2023 on the file of the Court of the Additional Judicial First Class Magistrate, Chodavaram and quash the same against the petitioner/A-6. / lA NO: 1 OF 2025 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 grant stay of all further proceedings including appearance of the Petitioner/A-6 in CC.No.872 of 2023 on the file of the Court of the Additional Judicial First Class Magistrate, Chodavaram, pending disposal of the present Criminal Petition. Counsel for the Petitioner : Sri N Siva Reddy Counsel for Respondent No.1: Public Prosecutor Counsel for Respondent No.2: None Appeared The Court made the following: APHC010282722025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY ,THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N C^RIMINAL PETITION NO: 6169/207.^ -J: [3457] Between: Poosarla Sandeep ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused: 1.N SIVA REDDY Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR ...RESPONDENT/COMPLAINANT(S) '// ■' / The Court made the following Order: Learned counsel for the petitioner submits that the petitioner is arrayed as accused No.6 in C.C.No.872 of 2023 on the file of Additional Judicial First Class Magistrate, Chodavaram, for alleged offences under Section 420 with 34 of IPC and Section 7(1) of Essential Commodities Act. Learned counsel for the petitioner submits that except for the confession statement of the other accused from whom the alleged PDS rice was seized by the police, there is no whisper with regard to the involvement of the petitioner. It is submitted that the petitioner, who is rice mill owner, has no role in commission of offence under Section 7(1) of Essential Commodities Act. It is also submitted that this Court considered similar unconnected persons were arrayed as accused. This Court in Criminal Petition vide Crl.P.No.1625 of 2022 and 3461 of 2025 had cases. read 2. f I cases where the considered similar 3. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor appearing for the State. Considering the submissions and after perusing the record, except for a vague statement that the co-accused had informed that the PDS was purchased from the petitioner herein, the petitioner has been arrayed as accused No.6. It is not in dispute that the PDS rice was seized from the premises of the petitioner. 4. rice 3 On these grounds, the proceedings in C.C.No.872 of 2023 on the file of Additional Judicial First Class Magistrate, Chodavaram, against the petitioner herein is hereby quashed. 5. 6. Accordingly, the Criminal Petition is allowed. 7. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- A VIJAYA BABU ASSISTANT REGISTRAR //TRUE COPY// SEdSi^r^FICER 1. The Additional Judicial First Class Magistrate, Chodavaram, Anakapalli District. 2. The Sub Inspector of Police, Chodavaram Police Station, Anakapalli District. 3. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh, Amaravathi[OUT] 4. One CC to Sri N Siva Reddy, Advocate [OPUC] 5. Two CD Copies To TK sree \ HIGH COURT DATED:24/06/2025 ORDER CRLP No.6169 of 2025 ALLOWING THE CRIMINAL PETITION