APHC010105852025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 2226 OF 2025 BETWEEN: Galli Venkata Naga Jagadeesh Babu, S/o. Pedda Venkata Subbaiah, Aged about 45 years, R/o. 13-2-51, Panthulavari Street, Chinna Bazaar, Nellore. Kamal Thivari @ Kamal Kishore, Aged about 55 years, R/o. No.21, Rangapalli Garden Street, Kondithope, Chennai. SunnapuPrasada Rao, S/o. Rangayya, Aged about 60 years, R/o. D.No. 5-19b, Bandi SubbayyaVeedi, Komarolu Village AND Mandal, Prakasam District. 1. 2. 3. ...Petitioners./Accused 1 & 2 AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court Buildings, Amaravathi. Sunnapu Bhavya, W/o. Sunnapu Ramesh, Aged about 24 years, R/o. H.No. 5-178A-30B LB Nagar, Mangalagiri Town, Guntur District. ...Respondents/Complainant Petition under Section 528 of BNSS - 2023 U/s 482 of Cr.P.C. praying 2. that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to stay all further proceedings in FIR No.4 of 2025, dt. 12.01.2025 on the file of Balaji Nagar Police Station, Nellore, SPSR Nellore District pending the Criminal Petition before this Honble Court in the interest of justice. For the reasons stated above, it is prayed that this Honble Court may be pleased to quash the proceedings in FIR No.4 of 2025, ' dt. 12.01.2025 on the file of Balaji Nagar Police Station, Nellore, SPSR Nellore .^^Distdct. i 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 Fligh Court may be pleased to stay all further proceedings in FIR.No.4 of 2025, dt. 12.01.2025 on the file of Balaji Nagar Police Station, Nellore, SPSR Nellore District pending the Criminal Petition. Counsel for the Petitioners:- SRI. RAJA REDDY KONETI Counsel for the Respondents:- PUBLIC PROSECUTOR The Court made the following: 1 CRL.P. No.2226 of 2025 APHC010105852G25 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] Fi'- I*.- TUESDAY ,THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 2226/2025 Between: Galli Venkata Naga Jagadeesh Babu and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused(S): 1.RAJA REDDY KONETI Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR The Court made the following: 2 CRLP. No.2226 of 2025 THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.2226 of 2025 ORDER: 1. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor representing the State respondent. 2. The present Criminal Petition has been filed seeking to quash the proceedings against the petitioners in Crime No.4 of 2025 on the file of Balajinagar Police Station, Sri Potti Sriramulu District, registered for the offences punishable under Sections 20(1), 20(2), 7(1), 7(2), 7(3), 7(4), 7(5) COTP Act, 2(a)(4) COTP Amendment Rules - 2014, 275, 125, 318(4), 338, 336, (3), 340(2) of BNS and consequently direct the concerned Police to return the property seized in connection with the Crime. 3. The learned Assistant Public Prosecutor submits that the police, upon completion of investigation in Crime No.4 of 2025, filed charge sheet and the same is yet to be numbered. 4. The learned counsel for the petitioners submits that the very inception of the F.I.R. is defective. The learned counsel, while placing reliance on the decision of this Court in Criminal Petition No.3731 of 2018 and batch, dated 27.08.2018, submits that the matter is squarely covered by the said decision and the present Criminal Petition deserves to be allowed by quashing the proceedings against the petitioners. CRLP. No.2226 of 2025 5. The learned Additional Public Prosecutor fairly submits that ihe matter X is covered by the common order passed by this Court in Criminal Petition No.3731 of 2018 and batch, dated 27.08.2018. 6. This Court has considered the submissions made by the learned of the F.I.R., filed along counsel for both sides. A reading of the copy with the material papers would clearly show that on the complaint of the Mandal Revenue Inspector, Nellore Rural, the Police have suo motu registered the Crime against the petitioners in this case. 7. Since the present case is squarely covered by the decision in Criminal Petition No.3731 of 2018 and batch dated 27.8.2018, for the reasons alike, the Criminal Petition is allowed, quashing the proceedings against the petitioner in Crime No. 4 of 2025 on the file of Balajinagar Police Station, Sri Potti Sriramulu District. As the offences registered against the petitioners are quashed, the tobacco products seized in connection with the Crime shall be returned to the petitioners, on proper identification and under acknowledgement. 8. Miscellaneous applications, pending if any, shall stand closed. Sd/- M. RAMESH BABU deputy registrar Y % 'section officer //true copy// To, , Nellore, SPSR . The Station House Offioer, Balaji Nagar Police Station Nellore District. 2. One CC to Sri. Raja 3. Two CCS to 4. Two C.D Copies. 1 Reddy Koneti, Advocate [OPUC] Public Prosecutor, High Court lof Andhra Pradesh. [OUT] Ssl RAM HIGH COURT DATED:18/03/2025 ORDER CRL.P.No.2226 OF 2025 ' 0 2 JUL 2025 o: o Co i|T«nt £SI.S CRIMINAL PETITION IS ALLOWED.