APHC010341182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY,THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 7097 OF 2025 Between: 1. Perla Hari Prasad, S/o Radha Krishna age 71 years. Shop No. 21, Vasavi Market,Vijayawada town, Krishna District. 2. Gontia Baiaji Giridhar, S/o Sriramulu Bharath Market, Vijayawada Town Krishna District. age 60 years Sai Traders, Jai ...Petitioners / Accused 1 to 2 AND The State of Andhra Pradesh, Through the SHO of Vijayawada I town P.S NTR Ccommissionarate . Rep,by its Public prosecutor. High Court of Andhra Pradesh At Amaravathi. ...Complainant / Respondent Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to quash the proceedings in F.I.R No. 51/2025 dated 22-04-2025 at Vijayawada I town P.S, in NTR Commissionerate, against the petitioners/accused, subsequently direct the concerned Police station to return the tobacco property which was sized in connection with FIR No. 51 /2025 dated 22-04-2025. lA NO: 1 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 dispense with filing of the certified copy of the F.I.R No. 51 /2025 dated 22-04-2025 at Vijayawada I town P.S, in NTR Commissionerate against the petitioners /accused and lA NO: 2 OF 202fi Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court be pleased to grant Stay of all further proceedings F.I.R No. 51 /2025 dated 04-2025 at Vijayawada I town P.S, in NTR Commissionerate against petitioners /accused against the petitioners /accused A1 to A 2. Counsel for the Petitioners: SRI. D KASI RAO Counsel for the Respondent : PUBLIC PROSECUTOR The Court made the following order: pass may 22- APHC010341182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 7097/2025 Between: 1.PERLA HARI PRASAD, S/0 RADHA KRISHNA AGE 71 YEARS, SHOP NO. 21, VASAVI MARKET,VIJAYAWADA TOWN, KRISHNA DISTRICT. 2.GONTLA BAIAJI GIRIDHAR, S/0 SRIRAMULU , AGE 60 YEARS SAI TRADERS, JAI BHARATH MARKET, VIJAYAWADA TOWN KRISHNA DISTRICT. ...PETITIONER/ACCUSED(S) AND 1.THE STATE OF ANDHRA PRADESH, Through the SHO of Vijayawada I town P.S NTR Commissionarate . Rep,by its Public prosecutor. High Court of Andhra Pradesh At Amaravathi. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1.D KASI RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 ORDER:- Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor representing the State respondent. The present Criminal Petition has been filed seeking to quash the 2. proceedings against the petitioners in Crime No.51 of 2025 on the file of Vijayawada I Town Police Station, NTR Commissionarate, registered for the offences punishable under Section 275 BNS and Section 20(2) of the 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 investigation 3. in Crime No.51 of 2025 is under progress. The learned counsel for the petitioners submits that the very inception 4. of the F.l.R. is defective. The learned counsel, while placing reliance on the decision of this Court in Criminal Petitron No.2966 of 2021 and batch, dated 28.12.2021, 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. 5. The learned Additional Public Prosecutor fairly submits that the matter is covered by the common order passed by this Court in Criminal Petition No.2966 of 2021 and batch, dated 28.12.2021. 6. 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 Sub-Inspector of Police, Vigilance & Enforcement, Vijayawada City suo motu registered the Crime against the petitioners in this case. the Police have 7. Since the present case is squarely covered by the decision in Criminal Petition No.2966 of 2021 and batch dated 28.12.2021, for the reasons alike, the Criminal Petition is allowed, quashing the proceedings against the petitioners in Crime No.51 of 2025 on the file of Vijayawada I Town Police Station, NTR Commissionarate. As the offences registered against the petitioners are quashed, the tobacco products seized in connection with the Crime shall be returned to the petitioners, on proper identification and under acknowledgement. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR ^ SECTION OFFICER //TRUE COPY// To, 1. The Station House Officer, I town P.S, in NTR Commissionerate , at Vijayawada 2. One CC to Sri. D Kasi Rao Advocate [OPUC] 3. Two CCs to Public Prosecutor, High Court of Andhra Pradesh [OUT] 4. Two CD Copies PR vna HIGH COURT DATED;10/07/2025 ORDER CRLP NO. 7097 OF 2025 <o */ 2 9JUL 2025 Co *^VsCii[rent SectigpX*^ ^^gseaissss^ ALLOWING THE CRLP