APHC010332652025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI HI TUESDAY,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6931 OF 2025 Between: 1. Sura Venkateswar Rao, S/o.late Pullaiah, Aged about 40 7-16-291/A, 7/7 Srinagar, Guntur, Guntur District. 2. Mustipalli Niranjan, S/o. Subbaiah, Aged about 36 years, R/o years, 11-980/4, Vijayapuri Colony, 7TH Line, VTC, Guntur. 3. Avid Husain Subhan, S/o. Esphak Husain, aged 41 Ganw-Jethuli, Kachchi Dargah, Fatwah, Patna, Fatwa, Bihar. years. 4. Dharma Dev, S/o. Ambika Ray, Aged about 38 Bairiya, Bairia, Patna, Bihar State. years, R/o. Gram ...PETITIONERS/A1 TO A4 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor Buildings, Amaravathi. High Court ...RESPONDENT Petition under Section 528 of BNSS- 2023 (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. 159 of 2025 dated 23.06.2025 on the file of Old Guntur Police Station, Guntur, Guntur District and direct the Station House Officer, Old Guntur Police Station to release the seized tobacco products as well as Eicher vehicle bearing No. BR-OI-GM-9234 to the petitioners. lA NO:2 OF 2025 *Petition under Section 482 of Cr.P.C (528 of BNSS)p praying that in the clrcamstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings in FIR No. 159 of 2025 dated 23.05.2025 on the file of Old Guntur Police Station, Guntur, Guntur District pending the Criminal Petition. Counsel for the Petitioners : SRI RAJA REDDY KONETI Counsel for the Respondent : ADDITIONAL PUBLIC PROSECUTOR The Court made the following ORDER : APHC010332652025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6931/2025 Between: 1.SURA VENKATESWAR RAO. S/O.LATE PULLAIAH, AGED ABOUT 40 GUNTUR YEARS, R/0 7-16-291/A, 7/7 SRINAGAR, GUNTUR DISTRICT. 2.MUSTIPALLI NIRANJAN, S/0. SUBBAIAH, AGED ABOUT 36 YEARS, 11-980/4, VIJAYAPURI COLONY, 7TH LINE, VTC, GUNTUR. 3.AVID HUSAIN SUBHAN, S/0. ESPHAK HUSAIN, AGED 41 YEARS, GANW-JETHULI, KACHCHI DARGAH, FATWAH, PATNA, FATWA BIHAR. 4.DHARMA DEV, S/0. AMBIKA RAY, AGED ABOUT 38 YEARS, R/0. GRAM BAIRIYA, BAIRIA, PATNA, BIHAR STATE. ...PETITIONER/ACCUSED(S) 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 Courtpleased to quash the proceedings in FIR No. 159 of 2025 dated 23.06.2025 on the file of Old Guntur Police Station, Guntur, Guntur District and direct the Station Flouse Officer, Old Guntur Police Station to release the seized tobacco products as well as Eicher vehicle bearing No. BR-OI-GM-9234 to the petitioners and pass 2 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 pleased to dispense with filing of the certified copy of the complaint in FIR No.l59 of 2025 dated 23.06.2025 on the file of Old Guntur Police Station, Guntur, Guntur District and pass 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 pleased to stay all further proceedings in FIR No. 159 of 2025 dated 23.06.2025 on the file of Old Guntur Police Station, Guntur, Guntur District pending the Criminal Petition before this HoNble Court in the interest of justic Counsel for the Petitioner/accused(S): 1.RAJA REDDY KONETI Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 3 The Court made the following Order: Heard learned counsel for the petitioners and learned Additional Public Prosecutor appearing for the State, present Criminal Petition has been filed seeking to quash the proceedings against the petitioners in Crime No. 159 of 2025 of Old Guntur Police Station, Guntur District, registered for the offences punishable under 7(1) and 20(1) of Cigarettes and Other Tobacco Products Advertisement and Regulation of Trade and Commerce, and Distribution) Act, 2003 and consequently direct the Police to return the property seized in connection with the Crime. Assistant Public Prosecutor submits that the police have completed the investigation in Crime No.159 of 2025 and filed charge 2. The Sections 6(B), (Prohibition of Production, Supply concerned 3. The learned sheet and the same is yet to be numbered, learned counsel for the petitioners submits that the very defective. The learned counsel, while placing reliance 4. The inception of the F.l.R. is the decision of this Court in Criminai Petition No.3731 of 2018 and batch, on dated 27.08.2018, submits that the matter is squarely covered by the said deserves to be allowed by decision and the present Criminal Petition quashing the proceedings against the petitioners. 5. The learned matter is covered by the common Petition No.3731 of 2018 and batch, dated 27.08.2018. Additional Public Prosecutor fairly submits that the order passed by this Court in Criminal 4 ? Since the present case is squarely covered by the decision in 6. 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 petitioners herein in Crime No. 159 of 2025 of Old Guntur Police Station, Guntur District. As the offences registered against the petitioners are quashed, the property seized in connection with the Crime along with Eicher vehicle bearing No.BR01GM9234 shall be returned to the petitioners, on proper identification and under acknowledgement. As a sequel, pending miscellaneous petitions, if any, shall stand SDI- SK.MOHAMMED RAFI ASSISTANT REGISTRAR 7. closed. //TRUE COPY// SECTION OFFICER To 1. The Station House Officer, Old Guntur Police Station, Guntur District 2. One CC to Sri. Raja Reddy Koneti Advocate [OPUC] 3. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh at Amaravathi [OUT] 4. Three CD Copies Stu TAC HIGH COURT DATED:08/07/2025 ORDER CRLP NO. 6931 OF 2025 of X 1VJUL 2025 s1 •a^ . Current Section ^J ALLOWING THE CRIMINAL PETITION