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2025 DAILYLAW 20188 (AP)

Poosarla Sandeep, v. State of Andhra Pradesh

CRLP/6178/2025 · 2025-06-23

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

— . APHC010282772025 o IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 'I t, li <# l-J Si ;d p j o % V»' <v TUESDAY,THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6178 OF 202R Between: Poosarla Sandeep, S/o Sri China Appala Narasimhulu Age- 39 Years, Occ- Rice Mill Owner, R/o Door No. 12-1, Peda Bazar, Chodavaram - 531 036, Anakapalli District ...Petitioner/A-7 AND 1. State of Andhra Pradesh, rep. by its Public Prosecutor, High Court at Amaravati through its Sub Inspector of Police Chodavaram P.S., Anakapalli District 2. K Trinadha Rao, S/o Sri Gijjanna, Occ- Deputy Tahsildar, Civil Supplies, Chodavaram - 531 036, 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. 585 of 2023 on the file of the Court of the Additional Judicial First Class Magistrate, Chodavaram and quash the same against the petitioner/A-7. lA NO: 1 OF 202^ Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circun^stances 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-7 in CC.No. 585 of 2023 on the file of the ■4- 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 the Respondent No.1 : Assistant Public Prosecutor The Court made the following: APHC010282772025 . ■/ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ■/ [3457] TUESDAY ,THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6178/2025 Between: Poosarla Sandeep, ...PETITIONER/ACCUSED AND State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1.N SIVA REDDY Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR 2 The Court made the following Order: Learned counsel for the petitioner submits that the petitioner is arrayed as accused No.7 in C.C.No.585 of 2023 on the file of Additional Judicial First Class Magistrate, Chodavaram, for alleged offences under Section 420 read 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 cases where the unconnected persons were arrayed as accused. This Court in Criminal Petition vide Crl.P.No.1625 of 2022 and 3461 of 2025 had considered similar 2. cases. 3. Fleard 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 rice was purchased from the petitioner herein, the petitioner has been arrayed as accused No.7. It is not in dispute that the PDS rice was seized from the premises of the petitioner. — 4. 3 5. On these grounds, the file of Additional Judicial First petitioner herein is hereby quashed. proceedings in C.C.No.585 of 2023 Class Magistrate, Chodavaram, on the against the 6. Accordingly, the Criminal Petition is allowed. As a sequel, pending miscellaneous 7. petitions, if any, shall stand closed. Sd/- N NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// \ SECTION OFFICER To, 1. The Additional Judicial First Class Magistrate, Chodavaram, Visakhapatnam District 2. The Station House officer, Chodavaram P.S., Visakhapatnam District 3. One CC to Sri. N Siva Reddy Advocate [OPUC] 4. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh at Amaravathi [OUT] 5. Two CD Copies Stu NM \ HIGH COURT DATED;24/06/2025 ORDER CRLP No. 6178/2025 ALLOWING THE CRIMINAL PETITION