APHC010301382025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT the honourable SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6228 OF 2n9Pi >Y- Between: 1. Penugonda Ramesh Chandra Gupta years, R/o. Hospital Centre, Nambur Village, Pedakakani Mandal Guntur District. S/o Rama Rao, age about 54 2. Venkat Rao Kattamuri, S/o Jagannadam 24-12-33, Nallacheruvu, 2"^^ line age 38 years, R/o. House No. Guntur Urban, Guntur District. ...PETITIONERS/ACCUSED NO. 1 & 2 AND The State Of Andhra Pradesh, Through the SHO of Pedakakani P S Guntur District. Rep. by its Public prosecutor. High Coud of Andhra Pradesh At Amaravathi. ...RESPONDENT/ COMPLAINANT praying that in the circumstances of Criminal Petition, the High Court proceedings CC. No. 4404/2024, on the file Civil Judge at Guntur, Guntur District subsequently direct the Petition under Section 528 of BNSS, stated in the Memorandum of Grounds may be pleased to quash the j Hon'ble Court of VI Additional Junior against the petitioners/ accused station to return the concerned Police property which was seized in connection with FIR NO 84 /2025 dated 21.05.2025. / fr lA NO: 2 OF 202fi 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 grant stay on all further proceedings in C.C. No. 4404/2024, on the file Hon'ble Court of VI Additional Junior Civil Judge at Guntur, Guntur District against petitioners/ accused 1 to 2, till the disposal of main quash petition. Counsel for the Petitioners : SRI D KASI RAO, ADVOCATE Counsel for the Respondent: THE PUBLIC PROSECUTOR, HIGH COURT OF A.P. The Court made the following ORDER : 1 HNJ Crl.P.No.6228_2025 APHC010301382025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH. CRIMINAL PETITION NO: 6228/2Q2fi [3457] N Between: Penugonda Ramesh Chandra Gupta and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh Counsel for the Petitioner/accused(S): 1.D KASI RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR ...RESPONDENT/COMPLAINANT 2 HNJ - Crl.P.No.6228 2025 The Court made the following Order: 1. 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 C.C.No.4404 of 2024, on the file of VI C Additional Junior Civil Judge, Guntur District, registered for the offences punishable under Sections 20(i) read with Section 7(ii) of the COPT Act, 2003. 3. Heard. 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. 6. Since the present case is squarely covered by the decision in Criminal Petition No.3731 of 2018 and batch dated 27.08.2018., for the reasons alike the Criminal Petition is allowed, quashing the proceedings against the petitioners in C.C.No. 4404 of 2024, on the file of VI Additional Junior Civil Judge, Guntur District. As the offences registered against the petitioners are 3 HN,J Crl.P.No.6228 2025 % 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, pending miscellaneous petitions, if any, shall stand closed. SOI- M.PRABHAKAR RAO f ASSISTANT REGISTRAR ' //TRUE COPY// SECTION OFFICER To, 1. The VI Additional Junior Civil Judge, Guntur, Guntur District. 2. One CC to Sri D Kasi Rao, Advocate [OPUC], 3. Two CC’s to the Public Prosecutor, High Court of A.P. at Amaravathi [OUT] 4. Two CD Copies GPC TAC HIGH COURT DATED: 25/06/2025 ORDER CRLP NO. 6228 OF 2025 10 SEP 2025 ntSectjgoxV o Co ALLOWING THIS CRIMINAL PETITION