APHC010367532024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7153/2024 Between: 1. MADDALI VENKATA BALA SUBRAMANYAM, S/O VENKATESWARA RAO AGE 45 YEARS, R/O.BHAVANAM VARI STREET, GANGANAMMA PET, TENALI TOWN GUNTUR DISTRICT 2. MULTANI M ZAGEERDAR, S/O.MOULANA SAB, AGE 40 YEARS R/O.HOUSE NO.080, SHAMRAJA PURAGRAR, GADAGI, SHAMARAJAPUR BIDHAR, KARNATAKA STATE. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, Through the SHO of Krishna Lanka P.S, Vijayawada City Krishna District. Rep,by its Public 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 Court pleased to quash the proceedings in C.C.No.683/2020 On the file of Hon'ble Second Metropolitan Magistrate at Vijayawada City, Krishna Dt. REGISTRED UNDER SECTIONS 270, 273, IPC in Crime No.06/2020 at Krishna Lanka Police Station in Vijayawada City, Krishna District against the petitioners/accused Ito 2 concern 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 482 of the Code of Criminal Procedure, 1973 (in short “Cr.P.C.”) has been filed, by the Petitioners/A.1 & A.2, seeking quashment of the proceedings against them in C.C.No.683 of 2020 on the file of the 2 Court of II Metropolitan Magistrate, Vijayawada City, Krishna District, registered for the offence under Sections 270 and 273 IPC. 2. Heard Sri D.Kasi Rao, learned counsel for the Petitioners and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor for respondent/State. 3. 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 Crl.P.No.2966 of 2021 & Batch dated 28.12.2021 and the Criminal Petition Nos.5421 of 2019 and batch, dated 18.12.2019, wherein this Court held as follows. “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 lal and the judgment of the 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 been registered under the provisions of the IPC, FSS Act and the COTPA Act are quashed, leaving 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/legitimate traders cannot be prosecuted. It is hoped that copies of the orders passed by the learned single Judge in Crl.P.No.3731 of 2018 and batch and this order are widely circulated by the Director General of Police and the Chief Secretary of the State of Andhra Pradesh through out 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 3 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 by quashing the proceedings against the Petitioners/A.1 & A.2 in C.C.No.683 of 2020 on the file of the Court of II Metropolitan Magistrate, Vijayawada City, Krishna District, registered for the offence under Sections 270 and 273 IPC. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 4 HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7153 of 2024 13.08.2025 Mjl/*