APHC010354832025 —jr-'- IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY. THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7358 OF Between: Bugatha Venkata Ramana @ Ramana, S/o Ramakrishna Rao, age 35 years, R/o. House No.3-616, Jamayilthota Road, Undavalli Village, Tadepalli Mandal, Guntur District. ...Petitioner/Accused AND 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 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition the High Court may be pleased to quash the proceedings of C.C. 4085 of 2024on file Hon'ble IV Additional Chief Judicial Magistrate Court at Vijayawada District, against the petitioner/accused. of Krishna lA NO: 2 OF 2Q2fi 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 in C.C. 4085 of 2024 -T on file of Hon'ble IV Additional Chief Judicial Magistrate Court at Vijayawada Krishna District, against the petitioner/accused. Counsel for the Petitioner: Sri D. Kasi Rao, Advocate Counsel for the Respondent: The Public Prosecutor, High Court of A.P. The Court made the following order: 1 / / ll i I ¥ APHC010354832025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7358/2025 Between: 1.BUGATHA VENKATA RAMANA ALIAS RAMANA, S/0 RAMAKRISHNA RAO, AGE 35 YEARS R/0 HOUSW N0.3- 616, JAMAYILTHOTA ROAD , UNDAVALLI VILLAGE, TADEPALLL MANDAL, GUNTUR DISTRICT. ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH THROUGH THE SHO OF PATAMATA PS VIJAYAWADA CITY KRISHNA DISTRICT, Rep,by its Public prosecutor. High Court of Andhra Pradesh At Amaravathl. ...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. 4085/2024on file of Hon'ble IV Addl. Chief Judicial Magistrate Court at Vijayawada, Krishna District, against petitioner/accused concern and 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 the 2 9 the proceedings in C.C. 4085/2024on file of Hon'bie IV Addl. Chief Judicial Magistrate Court at Vijayawada, Krishna District, against the petitioners/accused Ito Sagainst the petitioners /accused and pass lA NO: 2 OF 207.^ 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 - of Hon'bie IV Addl. Chief Krishna District, against the all further proceedings C.C. 4085/2024on file Judicial Magistrate Court at Vijayawada, petitioner/accused and pass Counsel for the Petitioner/accused: 1.D KASI RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court Made the Following Ord^^r The instant petition under Section 528 of the BNSS petitioner herein, seeking quashment of the C.C.No.4085 of 2024 Magistrate, Vijayawada, registered for COTPA, Act. has been filed, by the proceedings against him in on the file of the learned IV Additional Chief the offence under Section 20(2) of Judicial 2. Heard learned counsel for the petitioner and the Prosecutor for the State. It is submitted by the learned counsel for the by the learned Assistant Public Prosecutor Criminal Petition is squarely covered by the common order passed by this Court in Criminal Petition Nos.5421 of 2019 and batch Court held as follows. learned Assistant Public 3. petitioner and acceded to, that the subject matter of this dated 18.12.2019, wherein this m ‘But as far as the present cases are ' p „ by exercising the power under section 4 ^ , f following the mandate of the Honble Supreme Court of India instate of Haryana v. Bhajan lal and J^^^mentof High Court of Allahabad in M/s.Pepsico India Holdings(Pvt) Ltd., and Another (4 supra), is constrained to hold that all the FIRs/cases that have ^^^'stere^ under the provisions of the IPC, FSS Act and the Act are quashed, leaving it open to them, if they so desire to pursue ote prosecuf/on in respect of the offences under other enactments, if any. The offences ^ 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 ve^ limited grounds genuine/legitimate traders canno prosecutedp ffh learned single Judge in Crl.P.No.3731 of 2018 and batch and this order are widely circulated by the director Genera^ of Police and the Chief Secretary of the State of Andhra Pradesh throughout the state of ^^re the time and effort of the police are devoted more serious crimes. Whatever be the impact of Tobacco products on the health of an individual or the /avv is amended/modified it has to be ffowed^ As held by Courts earlier; it may be hard but it is above observations, the criminal petitions are the the many With the allowed.” passed by this Court in Criminal Hence, following the said Orders 4. Nos.5421 of 2019 and batch, dated 18.12.2019, and taking into of the facts and circumstances of the case, this criminal petition is proceedings against the Petitioner herein in learned IV Additional Chief Judicial Petition consideration allowed by quashing the C.C.No.4085 of 2024 on the file of the Magistrate, Vijayawada Pending applications, if any for the offence under Section 20(2) of COTPA Act. shall stand closed. SDI- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, Judicial Magistrate Court at Vijayawada, 1. The IV Additional Chief Krishna District. j I 2. One CC to Sri D.Kasi Rao, Advocate [OPUC] 3. Two CC’s to the Public Prosecutor, High Court of A.P. [OUT] 4. Three CD Copies / / / / ! / f GPC PRK i HIGH COURT DATED: 17/07/2025 5 0 5 AUG 2025 m ^ . Current Section . ORDER CRLP NO. 7358 OF 2025 ALLOWING THIS CRIMINAL PETITION