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2025 DAILYLAW 20196 (AP)

POOSARLA SANDEEP v. THE STATE OF ANDHRA PRADESH

CRLP/6213/2025 · 2025-06-23

Harinath N

body2025

Judgment text

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APHC010282692025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAtl TUESDAY, THE TVyENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6213 OF 2025 Between: • l; Poosarla Sandeep. S/o.Sri China Appala Narasimhulu, aged 39 years; Occ:Rice Mill Owner, R/o.Ddor No.12-1, Peda Bazar, Chodavaram - 531 036, Anakapalli District. ...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 P.S., Anakapalli District. 2. K.Trinadha Rao, S/o.Sri Gijjanna, Occ;Deputy Tahsildar, Civil Supplies, Chodavaram-531 036, Anakapalli District. ..Respohdent/Complainant 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.40 of 2024 on the file* Of the Court of the Additional Judicial First Petition filed under Section 528 of BNSS !SS Magistrate, Chodavaram and quash the sarpe against the petitioner/ s A-6 lA NO: 1 OF 2025 Petition filed under Section 482 of Gr.P.C praying that in the circumstances stated in the Memorandum of Criminal Petition, the High CquH may be pleased to grant stay all further proceedings including [appearahce of the PetitioneiVA-6 in CC.No.4Q of2024 on the file of thfe C^urt of th^Ad Judicial First Class Magistrate, Chodavaram , pending disposal Of the present Criminal Petition. >- \ kuiiii Counsel for the Petitioner: Sri N.Siva Reddy Counsel for the Respondent No.1: Assistant Public Prosecutor Counsel for the Respondent Np.2 The Court made the following c 1 r '.‘•f Iv u ' J ^ 5 i I /; '.a •/,, iy ,r -•'a. C. V ■.ci; 1 j ,c, j' % 5 ■ APHC010282692025 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 CRIMINAL PETITION NO: 6213/2025 [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) 2 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.40 of 2024 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 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 CrLP.No.1625 of 2022 and 3461 of 2025 had considered similar 2. was cases. 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 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 3. 4. rice was premises of the petitioner. lift. 3 5. On these grounds, the proceedings in C.C.No.40 of 2024 on the file of Additional Judicial First Class Magistrate, Chodavaram, against the petitioner herein is hereby quashed. Accordingly, the Criminal Petition is allowed. As a sequel, pending miscellaneous petitions, if any, shall stand Sd/-MSWN»VAS ASSISTANT^G'STR^ (<jjON-(5FFICER 6. 7. closed. //true copy// SE To, Chodavaram, of First Class, Judicial Magistrate ' 1. The Additional Visakhapatnam District. Chodavaram Police Station, Visakhapatnam 2. The Station House Officer » District. 3. One CC to Sri- 4. Two CC's to the Amaravati [OUT] 5. Two CD Copies BSV(gsg) i N.Siva Reddy, Advocate Public Prosecutor, High Court of Andhra Pradesh at Si I: i l' ■ :..r € ■ f. HIGH COURT r '• ill 1 DATED:24/06/2025 ;•> !■ ORDER CRLP No.6213 of 2025 O a: 2025 O o m '^1 1 ■1, - ■ ■■; - . iv ■! r ‘ V I- ;• ?:>■ •i'-, 1 { I ALLOWING THE CRIMINAL PETITION