APHC010329642025 SMB IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.6881 of 2025 Between: Tirumalaraju Venkateswarlu, S/o. Mohan Raju, Aged about 44 R/o. Rajulapalem, Gudluru, Tettu, Prakasam District. years, ...Petitioner/Accused No.1 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, Buildings, Amaravathi. High Court ...Respondent Petition under Section 528 of BNSS (under Section 482 of Cr.P.C) 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 FIR No. 178 of 2025 dated 25.03.2025 on the file of Ongole Taluk Police Station, Prakasam District and direct the Station House Officer, Ongole Taluk Police Station, Prakasam District to release the seized tobacco products to the petitioners. lA NO: 2 OF 2025 Petition under Section 528 of BNSS (under Section 482 of Cr.P.C) praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings in FIR No. 178 of 2025 dated 25.03.2025 on the file of Ongole Taluk Police Station, Prakasam District pending the Criminal Petition. Counsel for the Petitioner : Sri Raja Reddy Koneti i" counsel for the Respondent : Public Prosecutor t . The Court made the following order: APHC010329642025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) QMS [3457] 0SS TUESDAY,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6881/2025 Between: 1.TIRUMALARAJUVENKATESWARLU,, S/0. MOHAN RAJU, AGED ABOUT 44 YEARS, R/0. RAJULAPALEM, GUDLURU, TETTU, PRAKASAM DISTRICT. ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, High Court Buildings, Amaravathi. ...RESPONDENT/COMPLAINANT Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtmay be pleased to quash the proceedings in FIR No. 178 of 2025 dated 24.03.2025 on the file of Ongole Taluk Police Station, Prakasam District and direct the Station Flouse Officer, Ongole Taluk Police Station, Prakasam District to release the seized tobacco products to the petitioners pass lA NO: 1 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased may be pleased to dispense with filing of the certified copy of complaint in FIR No. 178 of 2025 dated 24.03.2025 on the file of Ongole Taluk Police Station, Prakasam District and pass m 2 lA NO: 2 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased may be pleased to stay all further proceedings in FIR No. 178 of 2025 dated 24.03.2025 on the file of Ongole Taluk Police Station, Prakasam Districtpending the Criminal Petition before this Hon'ble Court in the interest of justice. Counsel for the Petitioner/accused: 1. RAJA REDDY KONETI Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 3 / The Court made the following Order: Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the State. The present Criminal Petition has been filed seeking to quash the 2. proceedings against the petitioner in Crime No. 178 of 2025 of Ongole Taluk Police Station, Prakasam District, registered for the offence punishable under Section 20(2) 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. The learned Assistant Public Prosecutor submits that the police 3. have completed the investigation in Crime No. 178 of 2025 and filed charge sheet and the same is yet to be numbered. The learned counsel for the petitioner submits that the very 4. 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. The learned Additional Public Prosecutor fairly submits that the matter is covered by the common order passed by this Court in Criminal 5. Petition No.3731 of 2018 and batch, dated 27.08.2018. 4 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 Assistant Commissioner, Ongole, the Police have suo-motu registered the Crime against the petitioner in this case. 6. 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 herein in Crime No. 178 of 2025 of Ongole Taluk Police Station, Prakasam District. As the offence registered against the petitioner is quashed, the property seized in connection with the Crime shall be returned to the petitioner, on proper identification and under acknowledgement. As a sequel, pending miscellaneous petitions, if any, shall stand 8. closed. Sd/-SHAIKMOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Station House Officer, Ongole Taluk Police Station, Prakasam District. 2. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh, Amaravathi[OUT] 3. One CC to Sri Raja Reddy Koneti, Advocate [OPUC] 4. Two CD Copies TK vna HIGH COURT DATED:08/07/2025 ORDER CRLP No.6881 of 2025 e? I 1tJUL 2025 m ^ . Current Sectton ALLOWING THE CRIMINAL PETITION