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2025 DAILYLAW 21778 (AP)

PERURI CHIRANJEEVI v. THE STATE OF ANDHRA PRADESH

CRLP/6340/2025 · 2025-06-24

Harinath N

body2025

Judgment text

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APHC010308082025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 0^ 'm WEDNESDAY, THE TWENTY FIFTH DAY OF JUNEj0^ TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NQ.634n nf 2025 SI ice m P* ^7 Between: Peruri Chiranjeevi, S/o Peruri Subramanyam, Occ: Business Years, R/o D.No.2-87/A, Jagannadhapuram Village, Korukonda Mandal East Godavari District - 534312. Age 42 ...PETITIONER/A-3 AND The State of Andhra Pradesh rep. by its Public Prosecutor, High Court of A.P. at Amaravathi through its Sub Inspector, Prohibition and Excise PS, Korukonda, East Godavari District. ...RESPONDENT Petition under Section 528 of BNSS stated in the Memorandum of Grounds may be pleased to call for the Prohibition & Excise PS, Korukonda, East same. praying that in the circumstances of Criminal Petition, the High Court records relating to FIR No. 260 of 2025 of Godavari District and quash the #■ lA NO: 2 OF 2025 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 of all further proceedings including arrest of the petitioner in respect of FIR No. 260 of 2025 of Prohibition & Excise PS, Koranukonda, East Godavari District, pending disposal of the present criminal petition. Counsel for the Petitioner : SRI KIRAN TIRUMALASETTI Counsel for the Respondent : PUBLIC PROSECUTOR The Court made the following ORDER: 1 HN,J Crl.P.No.6340 2025 APHC010308082025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6340/2025 Between; ...PETITIONER/ACCUSED Peruri Chiranjeevi AND ...RESPONDENT/COMPLAINANT The State Of Andhra Pradesh Counsel lor the Petitioner/accused: 1.KIRAN TIRUMALASETTI Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR \ 2 HN, J Crl.P.No.6340 2025 The Court made the following Order: 1. The petitioner is working as a sales boy in a medical shop. However, based on the confession of a co-accused, he was made an accused and roped in Crime No.260 of 2025 on the file of the Prohibition and Excise Police Station, Korukonda, East Godavari District, for the offences under Sections 7-B read with Sections 8-A and 8-B of the Andhra Pradesh Prohibition Act, 1995. 2. The petitioner is a sales representative in the shop, and the only allegation against the petitioner is that the accused had procured jaggery from the petitioner. However, the police have not made any independent enquiry into the other accused, and solely on the confession of the co accused, the petitioner has been roped in as Accused No.3. Sale of jaggery is not prohibited act, and it is submitted by the learned counsel for the petitioner that he was earlier implicated in a similar case in the year 2013, which ended up in acquittal. It is submitted that for technical reasons, the petitioner has been roped in as co-accused. On 09.06.2025, three were registered by the respondent police station, all on similar allegations. The allegation against the petitioner is fhat when the Sub-Inspector went to the shop of the petitioner, it was found to be closed. Selling of jaggery is not a crime. cases 3. Accordingly, the Criminal Petition is allowed. ' -# ' 3 HN, J Crl.P.No.6340_2025 As a sequel, pending miscellaneous petitions, if any, shall stand closed. SD/- G.HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// 6 SECTION OFFICER i To 1. The Station House Officer, Prohibition and Excise Police Station, Korukonda, East Godavari District 2. One CO to Sri Kiran Tirumalasetti, Advocate [OPUC] 3. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh, Amaravathi [OUT] 4. Three CD Copies TK TAG % V HIGH COURT DATED:25/06/2025 ORDER CRLP No.6340 of 2025 2 3 JUL 2025 )| o ALLOWING THE CRIMINAL PETITION