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2025 DAILYLAW 20730 (AP)

NAGA VENKATA SURESH BABU DACHEPALLI v. THE STATE OF ANDHRA PRADESH

CRLP/6074/2025 · 2025-06-19

Harinath N

body2025

Judgment text

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APHC010292312025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY ,THE TWENTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6074/2025 Between: Naga Venkata Suresh Babu Dachepalli and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. D KASI RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 2 The Court made the following Order: Heard learned counsel for the petitioners and learned Additional Public Prosecutor appearing for the State. 2. The present Criminal Petition has been filed seeking to quash the proceedings against the petitioners in Crime No.84 of 2025 on the file of Phirangipuram Police Station, Guntur District, registered for the offences punishable under Sections 6(B), 7(1)and 20(1) of Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 and consequently direct the concerned Police to return the property seized in connection with the Crime. 3. The learned Assistant Public Prosecutor submits that the police, have completed the investigation in Crime No.84 of 2025 and filed charge sheet and the same is yet to be numbered. 4. The learned counsel for the petitioners submits that the very inception of the F.I.R. is defective. The learned counsel, while placing reliance on the decision of this Court in Criminal Petition No.3731 of 2018 and batch, dated 27.08.2018, submits that the matter is squarely covered by the said decision and the present Criminal Petition deserves to be allowed by quashing the proceedings against the petitioners. 5. The learned Additional Public Prosecutor fairly submits that the matter is covered by the common order passed by this Court in Criminal Petition No.3731 of 2018 and batch, dated 27.08.2018. 3 6. This Court has considered the submissions made by the learned counsel for both sides. A reading of the copy of the F.I.R., filed along with the material papers would clearly show that on the complaint of the Revenue Inspector, Phirangipuram Village, the Police have suo-motu registered the Crime against the petitioners in this case. 7. Since the present case is squarely covered by the decision in Criminal Petition No.3731 of 2018 and batch dated 27.8.2018, for the reasons alike, the Criminal Petition is allowed, quashing the proceedings against the petitioners herein in Crime No.84 of 2025 on the file of Phirangipuram Police Station, Guntur District. As the offences registered against the petitioners are quashed, the property seized in connection with the Crime shall be returned to the petitioners, on proper identification and under acknowledgement. 8. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ______________________ JUSTICE HARINATH.N Date : 20.06.2025 BMS