1 APHC010493202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9826/2025 Between: 1. TIRUVEEDHULA ALIAS TIRUVEEDU SATESH KUMAR, S/O. SRIRAMULU AGED 35 YEARS, R/O.MULAGUNTAPADU OPP.SIVARAMIREDDY HOSPITAL, SINGARYAKONDA, PRAKASAM DISTRICT ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, Rep. by Public Prosecutor, High Court of Andhra Pradesh, Amaravati Through Singaraykonda PS, Prakasam District, A.P. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. Alapati Vivekananda Counsel for the Respondent/complainant: 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 seeking quashment of proceedings against him in C.C.No.1178 of 2021, on the file of the learned Additional Judicial Magistrate of First Class, Kandukur, for the offences punishable under Section 420 IPC and Section 7 of the Essential Commodities Act. 2. Heard Sri Alapati Vivekananda, learned counsel for the Petitioner and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor for the State. 3. Learned counsel for the petitioner would submit that the petitioner is the owner-cum-driver of the auto, who was carrying 14 bags of rice. It is alleged 2 that the rice was PDS rice, but the police did not choose to report the matter to the export committee. 4. 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. 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.” 5. 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 C.C.No.1178 of 2021, on the file of the learned Additional Judicial Magistrate of First Class, Kandukur, for the offences punishable under Section 420 IPC and Section 7 of the Essential Commodities Act. 3 Pending applications, if any, shall stand closed. _________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:19.09.2025 Asr 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.9826 of 2025 Dt.19.09.2025 Asr