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2025 DAILYLAW 3747 (AP)

GOTTIPATI VASUDEVA RAO v. The State of Andhra Pradesh

CRLP/288/2022 · 2025-01-28

Venkata Jyothirmai Pratapa

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Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 288 OF 2022 Between: Gottipati Vasudeva Rao, S/o. Venkateswarlu, Aged 39 years, R/o. 12-28/c Pasumarru, Guntur District, Andhra Pradesh - 522616. ...Petitioner/Accused No.1 AND The State of Andhra Pradesh, Represented by its Public Prosecutor, High Court of Andhra Pradesh ...Respondent Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the criminal proceedings as against Petitioners/ Accused No.1 in Cr.No.113 of 2021 on the file of Special Enforcement Bureau Station, Chilakaluripet, Guntur District registered for the offences punishable under section 34(a) of Andhra Pradesh Excise Amendment Act, 2020 as they are lacking merits and substance. I.A. NO: 2 OF 2022 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition -H \ the High Court may be pleased to stay the proceedings as against •Petitioners/ Accused No.1 in Cr.No.113 of 2021 on the file of Special Enforcement Bureau Station, Chilakaluripet, Guntur District registered for the offences punishable under section 34(a) of Andhra Pradesh Excise Amenciment Act, 2020. This Petition coming on for hearing upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Ravi Teja Gude, Advocate for the Petitioner and the Public Prosecutor (AP) behalf of the Respondent on The Court made the following order: \ APHC010021752022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY ,THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 288/2022 [3396] Between: Gottipati Vasudeva Rao ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh Counsel for the Petitioner/accused: 1.RAVI TEJA GUDE Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR (AP) The Court made the following: ...RESPONDENT/COMPLAINANT V. 2 ORDER: The instant Criminal Petition is filed under Section 482 of Cr.P.C Petitioner/Accused No.1, seeking quashment of the by the proceedings in Crime No.113 of 2021 on the file of Special Enforcement Bureau Station. Chilakaluripet, Guntur District against them for the offences punishable under Section34(a) of Andhra Pradesh Excise Amendment Act, 2020. 2. Heard the learned counsel for the Public Prosecutor on behalf of the State. 3. Learned counsel for the petitioners and the learned Additional petitioners would submit that petition may be disposed of by giving protection to the petitioner vide guidelines of the Hon’ble Apex Court in Arnesh Kumar v. State of Bihar\ 4. Learned Additional Public Prosecutor, offence registered against the on instructions, would submit that the petitioners is punishable with less than seven necessary direction may be given to the years period of imprisonment and concerned Station House Officer. 5. Considering the submissions, following; this criminal petition is disposed of with the Investigating Officer is accordance with law. In the event of petitioners, concerned police authorities procedure prescribed under Section 41-A Cr.P. a. at liberty to complete the investigation, iin b. any coercive action sought to be taken against the are directed to scrupulously follow the C [Section 35 (3) of BNSS] and (2014) 8 see 273 3 the guidelines laid down by the Hon’ble Supreme Court in Arnesh Kumar’s case (supra). 3. It goes without saying that, if any charge sheet is filed in the above crime, the petitioners are at liberty to challenge the charge sheet, if they feel aggrieved by the same. Accordingly, the Criminal Petition is disposed of. 4. Pending applications, if any, shall stands closed. Sd/- A VIJAYA BABU ASSISTANT REGISTRAR //TRUE COPY/ S ION OFFICER To, 1. The Additional Civil Judge (Junior Division), Chilakaluripet, Guntur District. 2. The Station House Officer, Special Enforcement Bureau Station, Chilakaluripet, Guntur District 3. One CC to Sri. Ravi Teja Gude Advocate [OPUC] 4. Two CCs to The Public Prosecutor, High Court of Andhra Pradesh [OUT] 5. Three CD Copies MKP sree " ‘ HIGH COURT DATED: 28/01/2025 ■■ ORDER CRLP.No.288 of 2022 Of % £P I 2 8 FEB 2025 ^ . Current Section . DISPOSING THE CRLP