APHC010341152025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT honourable dr justice VENKATA JYOTHIRMAI CRIMINAL PETITION No.7223 of 209*^ PRATAPA Between: 1. Palakurthy Dharmendra Kumar @ Mallikarjun age about 34 years R/o. House No.28/255 Krishna District. 2. Chota Raj Kumar @ S. Kumar @ Raju, S/o Satyanaryana, age 38 years, R/o. Door No. 1-34-31/C, Nazarpet Tenali Town, 3. Katakam Chandrasekhar, S/o Jagannadam 68, Namdarpur Village, Chowdarpalli Post, Vikarabad District Telangana State. Rao, S/o. Satyanarayana Circle Pet, Machilipatnam, Guntur District, age 38 years, R/o.D.No.1- ...PETITIONERS/ACCUSED NOS.1 TO 3 AND The State of Andhra Pradesh, Vijayawada City, Krishna District, r Court of Andhra Pradesh at Amaravathi. Through the SHO of Patamata P.S Rep. by its Public prosecutor, High ...RESPONDENT/COMPLAINANT praying that in the circumstances of Criminal Petition, the High Court Petition under Section 528 of BNSS stated in the Memorandum of Grounds may be pleased to quash the proceedings of C.C No. 1037 of 2025 on file of Hon ble IV Additional Chief Judicial Magistrate Court at Vijayawada, Krishna District, against the petitioners/accused 1 to 3. lA NO: 2 OF 2Q2S 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 C.C No. 1037 of 2025 on file of Hon'ble IV Additional Chief Judicial Magistrate Court at Vijayawada Krishna District, against the petitioners/accused 1 to 3. Counsel for the Petitioners : SRI D KASI RAO Counsel for the Respondent : The Court made the following PUBLIC PROSECUTOR ORDER: 1 APHC010341152025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7223/2025 Between: 1.PALAKUTRHY DHARMENDRA KUMAR ALIAS MALLIKARJUN RAO, AGE ABOUT 34 YEARS R/0 FLOUSW S/O SATYANARAYANA NO.28/255, CIRCLE PET, MACHILIPATNA KRISHNA DISTRICT. 2.CHOTA RAJ KUMAR @ S. KUMAR @ RAJU, S/O SATYANARYANA R/0 DOOR N0.1-34-31/C, NAZARPET TENALI ,AGE 38 YEARS TOWN, GUNTUR DISTRICT. 3.KATAKAM CHANDRASEKHAR, S/O JAGANNADAM, AGE 38 YEARS R/O.D. NO.1-68, NAMDARPURVLLAGE, CHOWDARPALLI POST VIKARABAD DISTRICT TELANGANA STATE. ...PETITIONER/ACCUSED{S) AND 1.THE STATE OF ANDHRA PRADESH, Through the SHO of Patamata P.S, Vijayawada City Krishna District, Rep,by its Public prosecutor. High Court of Andhra Pradesh At 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 of C.C No.1037/2025 on file of Hon ble IV Add Chief Judicial Magistrate Court at Vijayawada, Krishna District,against the petitioners/accused 1 to 3 and pass such i 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 the filing of the certified copy of the C.C.No. 1037 of 2025 on the file of the Hon.ble IV Additional chief judicial magistrate court at Vijayawada against the petitioners /accused 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 may be pleased to grant Stay of all further proceedings C.C No.l037/2025 file of Hon'ble IV Addl. Chief Judicial Magistrate Court at Vijayawada, Krishna District, against the petitioners/accused Ito 3against petitioners /accused against the petitioners /accused A1 to A 3 and pass Counsel for the Petitioner/accused(S); 1.D KASI RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following ORDER: The instant petition under Section 528 Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short ‘BNNS’) has been filed, by the Petitioners/Accused Nos.1 to 3, seeking quashment of the proceedings against them in C.C.No.1037 of 2025, on the file of the Court of IV Additional Chief Judicial Magistrate, Vijayawada, Krishna District, for the offence under Sections 7(1)(2)(3)(5) and Section 20(2) of Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (for short ‘COTPA Act’). Heard Sri D.Kasi Rao, learned counsel for the Petitioners and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor for the State. It is submitted by the learned counsel for the Petitioners and acceded to, by the learned Assistant Public Prosecutor that the subject matter of this Criminal Petition is squarely covered by the common order passed by this Court in Criminal Petition Nos.5421 of 2019 and Batch, dated 18.12.2019, wherein it was held as follows. 2. 3. “But as far as the present cases are concerned, this Court by exercising the power under section 482 Cr.P.C and following the mandate of the Hon’ble Supreme Court of India in State of Haryana v. Bhajan Ial7 and the judgement of the High Court of Aliahabad in M/s.PepsiCo India Holdings (Pvt) Ltd., and Another (4 supra), is constrained to hoid that ail the FIRs/cases that have been registered under the provisions of the IPC, FSS Act and the COTPA Act are quashed, ieaving it open to them, if they so desire to pursue the prosecution in respect of the offences under the other enactments, if any. The offences under the NDPS Act can be pursued. The offences under the COTPA Act, can only be launched if the police find that the sections 5, 6 7 and 10 are not complied with. Except on these very limited grounds genuine/legitimatetraders cannot be prosecuted. It is hoped that copies of the orders passed by the learned single Judge in Crl.P.No.3731of2018 and batch and this order are widely circulated by the Director General of Police and the Chief Secretary of the State of Andhra Pradesh throughout the state of Andhra Pradesh so that the time and effort of the police are devoted to more serious crimes. Whatever be the impact of tobacco products on the health of an individual or the nation; till the law is amended/modified it has to be followed. /As held by many Courts earlier; it may be hard, but it is the law. With the above observations, the criminal petitions are allowed. ” 4. Hence, following the said Orders passed by this Court in Criminal Petition Nos.5421 of 2019 and batch, dated 18.12.2019, and taking into consideration of the facts and circumstances of the case, this criminal petition is allowed quashing the proceedings against the C.C.No.1037 of 2025, on the file of the Court of IV Additional Chief Judicial Magistrate Vijayawada, Krishna District, for the offence punishable under Sections 7(1)(2)(3)(5) and Section 20(2) of Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (for short ‘COTPA Act’). 5 In the result, the Criminal Petition is allowed. t. Pending applications, if any, shall stand closed. SD/- B.PRASADARAO ASSISTANT REGISTRAR 1^ %: //TRUE COPY// SECTION OFFICER To 1. The IV Additional Chief Judicial Magistrate, Vijayawada, Krishna District. 2. The Station House Officer, Patamata Police Station, Vijayawada City, Krishna District. 3. One CC to Sri D Kasi Rao, Advocate [OPUC] 4. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh, Amaravathi [OUT] 5. Two CD Copies TK TAC HIGH COURT DATED;15/07/2025 ORDER CRLP No. 7223 of 2025 ^2 9JUL 2025 K NguRWtSectionx<V ALLOWING THE CRIMINAL PETITION