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2025 DAILYLAW 21302 (AP)

KOMMARAPU NARESH BABU v. THE STATE OF ANDHRA PRADESH

CRLP/6224/2025 · 2025-06-25

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010301132025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY, THE TWENTY TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6224/2025 Between: Kommarapu Naresh Babu and Others The State Of Andhra Pradesh Counsel for the Petitioner/accused(S): 1. D KASI RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6224/2025 Kommarapu Naresh Babu and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): Counsel for the Respondent/complainant: PUBLIC PROSECUTOR made the following: IN THE HIGH COURT OF ANDHRA PRADESH [3457] ...PETITIONER/ACCUSED(S) ...RESPONDENT/COMPLAINANT 2 ORDER:- Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor representing the State respondent. 2. The present Criminal Petition has been filed seeking to quash the proceedings against the petitioners in Crime No.86 of 2025 on the file of Krishnalanka Police Station, NTR Commissionarate, registered for the offences punishable under Sections 7 (1) (2) (3) (5) and Section 20(2) of the 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 investigation in Crime No.86 of 2025 is under progress. 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 Sub-Inspector of Police, Vigilance & Enforcement, Vijayawada City, 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 petitioner in Crime No.86 of 2025 on the file of Krishnalanka Police Station, NTR Commissionarate. As the offences registered against the petitioners are quashed, the tobacco products seized in connection with the Crime shall be returned to the petitioners, on proper identification and under acknowledgement As a sequel, miscellaneous petitions pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N 26.06.2025 PNS