APHC010392832025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI r 4 ,4 ■ V 4 ; \ 7' I ,>■ .t < f '} i MONDAY,THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE I ii \ PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8069 OF 2025 Between: Bandimekala Balaramudu, S/o Obulesu, aged about 56 years, Occ Business, R/o Ambedkar Colony, Yadiki village and Mandal, Ananthapuramu District ...PETITIONER / ACCUSED N0.3 AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati, Through Station House Officer, Yadiki Police Station, Ananthapuram District. 2. K Prathap Reddy, S/o not known the petitioner. Aged Major, Occ Tahsildar Yadiki, Ananthapuram District > ...RESPONDENTS 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 pleased to quash the proceedings in Crime No. 115 of 2025 on the file of Yadiki Police Station, Ananthapuram District, dated 16-07-2025 for alleged offence under Section 7(1) ECA, against the petitioner/Accused No.3. / lA NO: 1 OF 2n2fi Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court be pleased to dispense with the filing of certified copy of Crime No. 115 of 2025 on the file of Yadiki Police Station, Ananthapuram District 2025. 1AN0]20F 2025 may , dated 16-07- Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminai Petition,the High Court be pleased to stay of all further petitioner/Accused No.3 herein in Crime No. 115 of 2025 Police Station, Ananthapuram District, dated 16-07-2025. Counsel for the Petitioner may proceedings including arrest of the on the file of Yadiki : SRI. SRAVAN KUMAR NAIDANA Counsel for the Respondents : PUBLIC PROSECUTOR The Court made the following ORDER : - APHC010392832025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8069/2025 Between: 1.BANDIMEKALA BALARAMUDU, S/0 OBULESU, AGED ABOUT YEARS, OCC BUSINESS, R/0 AMBEDKAR COLONY, YADIKI VILLAGE AND MANDAL, ANANTHAPURAMU DISTRICT 56 ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH PROSECUTOR, HIGH COURT OF ANDHRA AMARAVATI, THROUGH STATION HOUSE OFFICER, YADIKI POLICE STATION, ANANTHAPURAM DISTRICT. 2.K PRATHAP REDDY, S/0 NOT KNOWN THE PETITIONER. AGED MAJOR, OCC TAHSILDAR, YADIKI, ANANTHAPURAM DISTRICT ...RESPONDENT/COMPLAINANT(S): 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 Courtpleased to quash the proceedings in Crime No. 115 of 2025 on the file of Yadiki Police Station, Ananthapuram District, dated 16-07-2025, for alleged offence under Section 7(1) petitioner/Accused No.3, 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 REP. BY ITS PUBLIC PRADESH AT ECA, against the 2 ^ ' High Court may be pleased pleased to dispense with the filing of certified copy of Crime No. 115 of 2025 on the file of Yadiki Police Station, Ananthapuram District, dated 16-07-2025, pending disposal of the quash petition 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 pleased to stay of all further proceedings including arrest of the petitioner/Accused No.3 herein in Crime No. 115 of 2025 on the file of Yadiki Police Station, Ananthapuram District, dated 16-07-2025, pending disposal of the quash petition and pass Counsel for the Petitioner/accused: 1.SRAVAN KUMAR NAIDANA Counsel for the Respondent/complainant(S): 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 petitioner/accused No.3 seeking quashment of proceedings against him in crime No.115 of 2025, on the file of Yadiki Police Station, Ananthapuram District, for the offence punishable under Section7(1) Essential Commodities Act. Heard Sri Sravan Kumar Naidana, learned counsel for the Petitioner 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, by the learned Assistant Public Prosecutor that the subject matter of this Criminal Petition is squarely covered by the order passed by this Court in Criminal Petition No.3243 of 2022, dated 31.12.2024, wherein it was held as follows. 2. 3. “10. In view of the guideline No. 3 in Bhajanlal’s case (supra), the allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of the alleged offences by the Petitioner/Accused No.3. As such, this Court finds that there are justifiable grounds to exercise its Jurisdiction under Section 482 Cr.P.C. Therefore, as the very ingredients of the offending Sections are not attracted against the Petitioner/Accused No.3, the criminal proceedings initiated against him are liable to be quashed. 11. In result, the Criminal Petition is allowed and the proceedings against Petitioner/Accused No.3 in C.C.No.113 of 2019 on the file of the Court of Judicial Magistrate of First Class, Dhone for the offence under Section 420 read with 34 IPC and 4 % Section 7(1) of the Essential Commodities Act, are hereby quashed. Pending miscellaneous petitions, if any, shall stand closed..” Hence, following the said Orders passed by this Court in Criminal Petition No.3243 of 2022, dated 31.12.2024, and taking into consideration of the facts and circumstances of the case, this criminal petition is allowed, quashing the proceedings against the petitioner in crime No.115 of 2025, on the file of Yadiki Police Station, Ananthapuram District, for the offence 4. punishable under Section 7(1) Essential Commodities Act.. Pending applications, if any, shall stand closed. SDI- K.SRINIVASA RAJU ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To, 1. The Station House Officer, Yadiki Police Station, Ananthapuram District. 2. One CC to Sri. Sravan Kumar Naidana, Advocate [OPUC] 3. Two CCs to Public Prosecutor, High Court of Andhra Pradesh at Amaravathi [OUT] 4. Two CD Copies PR TAC HIGH COURT DATED:04/08/2025 ORDER CRLP NO. 8069 OF 2025 I 25 SEP 2025 z ^ Current Section ALLOWING THE CRLP