Singamsetti Naga Venkata Venugopala Krishna v. The State of Andhra Pradesh
CRLP/7715/2025 · 2025-07-23
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 26415 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26415 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010373952025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7715 OF 2025 Between: Singamsetti Naga Venkata Venugopala Krishna, S/o. Jayaraju, aged about 42 years, Occ. Business, M/s Venkata Satyanarayana Trading Company, R/o Jangareddigudem village and Mandal, Eluru District. ...Petitioner/Accused No.2 AND The State of Andhra Pradesh, through S.H.O., Jangareddygudem Proh. and Excise Station, Eluru District, rep. by Public Prosecutor, High Court, Amaravati. ...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 call for the records relating to the F.I.R.No. 61 of 2025 on the file of the Jangareddygudem Proh. and Excise Station, Eluru District and quash the same. 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 to grant stay of all further proceedings in F.I.R.No. 61 of 2025 on the file of the Jangareddygudem Proh. and Excise Station, Eluru District. Counsel for the Petitioner: SRI P. ADITYA HARSHA VARDHAN Counsel for the Respondent: PUBLIC PROSECUTOR The Court made the following ORDER:
APHC010373952025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7715/2025 Between: 1.SINGAMSETTI NAGA VENKATA VENUGOPALA KRISHNA, S/0 JAYARAJU, AGED ABOUT 42 YEARS, OCC BUSINESS, M/S VENKATA SATYANARAYANA TRADING COMPANY, R/0 JANGAREDDIGUDEM VILLAGE AND MANDAL, ELURU DISTRICT. ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH Jangareddygudem Proh. and Excise Station , Public Prosecutor, High Court, Amaravati. , through Eluru District, rep. by S.H.O. ...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 call for the records relating to the F.I.R.No. 61 of 2025 on the file of the Jangareddygudem Proh.
and Excise Station, Eluru District, and quash the same thereon, and to grant 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 filing of the certified copy of the F.I.R.No. 61 of 2025 on the file of the Jangareddygudem Proh. and Excise Station, Eluru District, in the interest of justice lA NO: 2 OF 2025
2 t Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the O 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 in F.l.R.No. 61 of 2025 on the file of the Jangareddygudem Proh. and Excise Station, Eluru District, pending disposal of the Criminal petition, and to pass Counsel for the Petitioner/accused:
1 .P ADITYA HARSHA VARDHAN Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR
3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7516/2025
ORDER: The instant petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita has been filed, by the Petitioner/Accused No.2, seeking quashment of the proceedings against him in FIR No.61 of 2025, of Prohibition & Excise Police Station, Jangareddygudem, Eluru District, for the offence punishable under Section 7(B) r/w 8(A), (B) of A.P.Prohibition Act, 1995, amended as
2020. Heard Sri P.Aditya Harshavardhan, learned counsel for the Petitioner
2. and Ms. K.Priyanka Lakshmi, learned Assistant Public Prosecutor for the State. It is submitted by the learned counsel for the Petitioner and acceded to,
3. by the learned Assistant Public Prosecutor that the subject matter of this Criminal Petition is squarely covered by the similar orders passed by this Court in Criminal Petition Nos.6911 of 2019, 7742 of 2019, 4826 of 2020 and 7593 of 2021, dated 15.11.2019, 19.02.2020, 03.11.2020 and 30.12.2021 respectively. For ready reference, the order passed in Criminal Petition No.7742 of
4. 2019 is extracted hereunder:
“Learned counsel for the petitioner submits the petitioner is the proprietor of M/s. Sri Ramakrishna Jaggery and General Stores, while he was brining black Jaggery for the purpose of his business, the same was seized under the cover of mediator’s report. He further submits that even on consideration of the entire averments in the
A 4 mediators report, which lead to registration of the subject crime, the petitioner only allegedly indulged in transportation of black jaggery. As per G.O.Ms.No.149, Revenue (Excise-ll) Department, dated 18.04.2017, black jaggery is an agricultural produce and; therefore, the penal provisions are not attracted to the case on hand. He also has drawn the attention of this Court to the earlier orders of this Court in Crl.P.No.10083 of 2011 dated 02.11.2018, wherein, in the similar circumstances, this Court, quashed the proceedings therein and also the order in Crl.P.No.52 of 2010, dated 30.04.2010, wherein the criminal proceedings against the petitioners were quashed. Learned Additional Public Prosecutor fairly states that the matter is a covered matter. Having regard to the facts and submissions and the legal position, this Court is of the considered view that valid and sufficient grounds are made out for quashing the proceedings against the petitioner.
In the result, the criminal petition is allowed and the proceedings in F.I.R.No.262 of 2019, on the file of the Thondangi Police Station, East Godavari District, registered for the offence under Section 34(e) of A.P. Prohibition Act, 1995 and Section 3 of the GUR (Regulation of Use) Order, 1968, are hereby quashed.’’ Hence, following the said Orders passed by this Court in Criminal Petition No.7742 of 2019, dated 19.02.2020 and Criminal Petition Nos.6911 of 2019, 4826 of 2020 and 7593 of 2021, and taking into consideration of the
facts and circumstances of the case, this criminal petition is allowed by quashing the proceedings against the Petitioner/Accused No.2 in FIR No.61 of 2025, of Prohibition & Excise Police Station, Jangareddygudem, Eluru District, for the offence punishable under Section 7(B) r/w 8(A)(B) of A.P.Prohibition Act, 1995, amended as 2020.
5.
!'l 5 ii
6. In the result, the Criminal Petition is allowed. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.
Sd/- G HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// // ^ SECTION OFFICER To,
1. The Station House Officer, Jangareddygudem Proh. and Excise Station Eluru District.
2. One CC to Sri. P. Aditya Harsha Vardhan, Advocate [OPUC]
3. Two CCs to Public Prosecutor, High Court of Andhra Pradesh at Amaravati. [OUT]
4. Two CD'Copies Chp vna
HIGH COURT DATED:24/07/2025
ORDER I 2 3 SEP 2025 S ^ . Current Section CRLP NO. 7715 OF 2025 ¥ ALLOWING THE CRIMINAL PETITION