IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY. THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE IK H .. 1 PRESENT HON’BLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA r CRIMINAL PETITION NO: 4571 OF 2022 Between: Tanguturi Subba Rao S/o.Venkateswarlu, Hindu, Mandal, Prakasam District @ Tanguturi Venkata Subba Rao, aged 54 years, r/o.Kurichedu Village & ...Petitioner/A3 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High court of Andhra Pradesh. At Amaravathi. ...Respondent/Complainant Petition under Section 482 of Cr.P.C is filed praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in Cr.No.47/2022 of Kurichedu Police Station of Prakasam District. I.A. NO: 1 OF 2022 Petition under Section 482 of Cr.P.C is filed praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to dispense with the filing of certified copy of FIR No.47/2022 of Kurichedu Police Station of Prakasam District. I.A. NO: 2 OF 2022 •ii % Petition under Section 482 of Cr.P.C is filed praying that in the ' ciCCurTisfences stated in the Memorandum of Grounds of Criminal Petition, T •• e Hjfh Court may be pleased to stay all further proceedings including ■f \ "Vi,, appearance of the petitioners in Cr.No.47/2022 of Kurichedu Police Station », of Prakasam District. This Petition, coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Habibulla Shaik, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent. The Court made the following: ORDER APHC010306962022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY ,THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 4571/2022 Between; Tanguturi Subba Rao^tanguturi Venkata Subba Rao ...PETITIONER/ACCUSED AND ...RESPONDENT/COMPLAINANT The State Of Andhra Pradesh Counsel for the Petitioner/accused: 1.HABIBULLASHAIK Counsel for the Respondent/complainant; 1. PUBLIC PROSECUTOR (AP) The Court made the following ORDER: The instant petition under Section 482 of the Code of Criminal Procedure, 1973 has been filed, by the Petitioner/Accused No.3, seeking quashment of the proceedings against him in Crime No.47 of 2022 of Kurichedu Police Station, Prakasam District registered for the offences under Section 7(A) r/w 8(E) of Andhra Pradesh Prohibition Act, 2020. Heard Sri Habibulla Shaik, learned counsel for the Petitioner and 2. Ms. K.Priyanka Lakshmi, learned Assistant Public Prosecutor for the State. 2 It is submitted by the learned counsel for the Petitioner and acceded to, 3. by the learned Assistant Public Prosecutor that the subject matter of this Criminal Petition is squarely covered by the similar orders passed by this Court in Criminal Petition Nos.6911 of 2019, 7742 of 2019, 4826 of 2020 and 7593 of 2021, dated 15.11.2019, 19.02.2020, 03.11.2020 and 30.12.2021 respectively. For ready reference the order passed in Criminal Petition No.7742 of 4. 2019 is extracted hereunder: “Learned counsel for the petitioner submits the petitioner is the proprietor of M/s. Sri Ramakrishna Jaggery and General Stores, while he was brining black jaggery for the purpose of his business, the same was seized under the cover of mediator’s report. He further submits that even on consideration of the entire averments in the mediators report, which lead to registration of the subject crime, the petitioner oniy allegedly indulged in transportation of black jaggery. 4s per G.O.Ms.No.149, Revenue (Excise-11) Department, dated 18.04.2017, black jaggery is an agricultural produce and; therefore, the penal provisions are not attracted to the case on hand. He aiso has drawn the attention of this Court to the eariier orders of this Court in CrI..PNo. 10083 of 2011 dated 02.11.2018, wherein, in the similar circumstances, this Court, quashed the proceedings therein and aiso the order in CrI.P.No.52 of 2010, dated 30.04.2010, wherein the criminal proceedings against the petitioners were quashed. Learned Additional Public Prosecutor fairly states that the matter is a covered matter. Having regard to the facts and submissions and the legal position, this Court is of the considered view that valid and sufficient grounds are made out for quashing the proceedings against the petitioner. In the result, the criminal petition is allowed and the proceedings in .FI.R.No.262 of 2019, on the file of the Thondangi Police Station, East 3 ' ir s. Godavari District, registered for the offence under Section 34(e) of A..P Prohibition Act, 1995 and Section 3 of the GUR (Regulation of Use) Order, 1968, are hereby quashed. ” Hence, foHowing the said Orders passed by this Court jn Criminal Petition No.7742 of 2019, dated 19.02.2020 and Criminal Petiil^Nos.6911 of 2019, 4826 of 2020 and 7593 of 2021, and taking into consideration of the facts and circumstances of the case, this criminal petition is allowed by quashing the proceedings against the Petitioner/Accused No.3 in Crime No.47 of 2022 of Kurichedu Police Station, Prakasam District registered for the offences under Section 7(A) r/w 8(E) of Andhra Pradesh Prohibition Act, 2020. 5. 6. In the result, the Criminal Petition is allowed. Pending applications, if any, shall stand closed. Sd/- B CHITTI JOSEPH ASSISTANT REGISTRAR //TRUE COPY// fT SC SECTION OFFICER To 1. The Station House Officer, Kurichedu Police Station, Prakasam District. 2. One CC to Sri Habibulla Shaik Advocate [OPUC] Prosecutor, High Court of Andhra Pradesh at 3. Two CCS to the Public Amaravati [OUT] 4. Three CD Copies SAM vna A HIGH COURT DATED:57/01/2025 ORDER CRLP.No.4571 of 2022 w 18 MAR 2025 Co. ^ . Currenn seciion ^^ ALLOWING THIS CRLP