1 APHC010370492025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No. 7677/2025 Between: KOPPURAVURI PAVAN KUMAR, S/O HANUMANTHA RAO, AGE 35 YEARS R/O 10TH WARD, REPALLE TOWN, GUNTUR DISTRICT ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, THROUGH THE SHO OF REPALLE TOWN P.S, GUNTUR DISTRICT. REP, BY ITS PUBLIC PROSECUTOR. HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/Accused: 1. D KASI RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER: The instant petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS) has been filed, by the Petitioner/Accused, seeking quashment of the proceedings against him in C.C.No.641 of 2019 on the file of the Court of Additional Junior Civil Judge, Repalle for the offences under Sections 188, 273, 420, 120-B of the Indian Penal Code (for shot ‘I.P.C’) and Sections 59(1) and 63 of Food Safety and Standards Act, 2006 (for shot ‘FSS Act’). 2 2. Heard Sri D.Kasi 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 common order passed by a Coordinate Bench of this Court in Criminal Petition Nos.5421 of 2019 and Batch, dated 18.12.2019, wherein it was 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 (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 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 a Coordinate Bench of 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 3 criminal petition is allowed quashing the proceedings against the Petitioner/Accused in C.C.No.641 of 2019 on the file of the Court of Additional Junior Civil Judge, Repalle for the offences under Sections 188, 273, 420, 120-B of IPC and Sections 59(1) and 63 of Food Safety and Standards Act, 2006. Pending applications, if any, shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:28.07.2025 Dinesh 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.7677 of 2025 Dt.28.07.2025 Dinesh