Extracted from the PDF above. The PDF is authoritative.
APHC010475892025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9415/2025 Between:
1. SAKE VEERAPPA, S/O S. NADIPI VERAPPA, AGED 42 YEARS, R/O UYYALAKUNTA COLONY, NARPALA VILLAGE AND MANDAL, ANANTAPURAMUDISTRICT. ...PETITIONER/ACCUSED AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATI, THROUGH STATION HOUSE OFFICER, NARPALA POLICE STATION, ANANTAPURAM DISTRICT. 2. K ARUNAKUMARI, W/O NOT KNOWN THE PETITIONER. AGED MAJOR, OCC GOVT, OFFICIAL GAZETTEED, MANDAL EXECUTIVE MAGISTRATE, NARPALA, NARPALA VILLAGE AND MANDAL, ANANTHAPURAMDISTRICT. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused:
1. SRAVAN KUMAR NAIDANA Counsel for the Respondent/complainant(S):
1. PUBLIC PROSECUTOR
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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9415/2025 ORDER:
The instant criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C)/under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the Petitioner/Accused, seeking quashment of the proceedings pending against him in Crime No. 90 of 2025 on the file of Narpala Police Station, Anantapuram District registered for the offences punishable under Section 7(1) of Essential Commodities Act, 1955. 2. Heard Sri Sravan Kumar Naidana, learned counsel for the Petitioner/Accused and Ms. K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of 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 order passed by this Court in Criminal Petition No.3243 of 2022, dated 31.12.2024, wherein it was held as follows. “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.
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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 Section 7(1) of the Essential Commodities Act, are hereby quashed. Pending miscellaneous petitions, if any, shall stand closed.”
4. Hence, following the said Order 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, by quashing the proceedings against the petitioner in Crime No. 90 of 2025 on the file of Narpala Police Station, Anantapuram District registered for the offences punishable under Section 7(1) of Essential Commodities Act, 1955. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 10.09.2025 UPS
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HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION NO: 9415/2025 Dated.10.09.2025
UPS
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