1 APHC010336562022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No: 5375/2022 Between: THATIKONDA BRAHMA LINGA SWAMY WRONGLY MENTIONED AS LINGA BABU @ LINGAMBABU, S/O TATIKONDA NAGARAJU, AGED ABOUT 59 YEARS, OCC. BUSINESS M/S ASWINI GENERAL MERCHANTS, 24-7-61, NARSIPATNAM, ANAKAPALLE DISTRICT. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, THROUGH S.H.O., NATHAVARAM POLICE STATION, VISAKHAPATNAM RURAL DISTRICT, REP. BY PUBLIC PROSECUTOR, HIGH COURT, AMARAVATI. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. PILLIX LAW FIRM Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR (AP) The Court made the following: ORDER: The instant petition under Section 482 of Cr.P.C has been filed, by the Petitioner / Accused No.4, seeking quashment of the proceedings against him in F.I.R.No.133 of 2022 on the file of Nathavaram Police Station, Visakhapatnam Rural registered for the offence under Section 7-B of A.P.Prohibition Act. 2 2. Heard Sri P.Kasi Nageswara Rao, learned counsel for the Petitioner and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor for the State. 3. It is submitted by the learned counsel for the Petitioner and acceded to, by the learned Assistant Public Prosecutor that the subject matter of this Criminal Petition is squarely covered by the similar orders passed by the Coordinate Benches of 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. 4. For ready reference the order passed in Criminal Petition No.7742 of 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 only allegedly indulged in transportation of black jaggery. As per G.O.Ms.No.149, Revenue (Excise-II) 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 also has drawn the attention of this Court to the earlier orders of this Court in Crl.P.No.10083 of 2011 dated 02.11.2018, wherein, in the similar circumstances, this Court, quashed the proceedings therein and also the order in Crl.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. 3 In the result, the criminal petition is allowed and the proceedings in F.I.R.No.262 of 2019, on the file of the Thondangi Police Station, East 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.” 5. Hence, following the said Orders passed by the Coordinate Benches of this Court in Criminal Petition Nos.7742 of 2019, dated 19.02.2020 and Criminal Petition 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 quashing the proceedings against the Petitioner / Accused No.4 in F.I.R.No.133 of 2022 on the file of Nathavaram Police Station, Visakhapatnam Rural. Pending applications, if any, shall stand closed _________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:04.09.2025 Dinesh 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.5375 of 2022 Dt.04.09.2025 Dinesh