APHC010129482025 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: 2870 OF 2025 Between: 1. KOWTAVARAPU NAMMAIAH, S/o. Nagendram, Aged about 44 R/o. Market Area, Tenali, Guntur District. 2. Mahendra,, S/o. Pitchaiah, Aged about 40 Vijayawada, now NTR District. years. years, R/o. Singh Nagar, ...PETITIONER/A1&A2 AND 1. THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, Court Buildings, Amaravathi. High ...RESPONDENT Petition under Section 528 of BNSS circumstances stated in the Memorandum of Grounds 2023 praying that in the of Criminal Petition, the High Courtmay be pleased to quash the proceedings in FIR No. 109 of 2024. dated 17-04-2024 on the file of Tenali I Town Police Station, Guntur District as against the petitioner herein r r 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 High Court may be pleased to dispense with filing of the certified copy of the compfairif in FIR No. 109 of 2024, dated 17-04-2024 on the file of Tenali I Town Potice Station, Guntur District. 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 to stay all further proceedings in FIR No. 109 of 2024, dated 17-04-2024 on the file of Tenali I Town Police Station, Guntur District. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri RAJA REDDY KONETI, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent. Counsel for the Petitioner(S) : RAJA REDDY KONETI Counsel for the Respondent : PUBLIC PROSECUTOR The Court made the following ORDER : 1 CRLP. No.2870 of 2025 APHC010129482025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY ,THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 2870/2025 Between: ...PETITIONER/ACCUSED(S) Kowtavarapu Nammaiah and Others AND ...RESPONDENT/COMPLAINANT The State Of Andhra Pradesh Counsel for the Petitioner/accused(S): 1.RAJA REDDY KONETI Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: '>■ CRLP. No.2870 of 2025 THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.2870 of 2n?«5 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. 109 of 2024 on the file of Tenali I Town Police Station, Guntur District, offences punishable under Sections 417, 420 IPC 7(2) COTP and consequently direct the property seized in connection with the Crime. 3. The learned Assistant Public Prosecutor registered for the and Sections 7(1), concerned Police to return the submits that the police upon completion of investigation in Crime No. 109 of 2024, 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. 5. The learned Additional Public Prosecutor fairly submits that the matter is covered by the common order passed by this Court in Criminal Petition No.3731 of 2018 and batch, dated 27.08.2018. (f S 3 CRLP. No.2870 of 2025 6. This Court has considered the submissions made by the learned counsel for both sides. A reading of the copy of the F.I.R., filed along with the material papers would clearly show that on the complaint of the Sub Inspector of Police, Tenali I Town Police Station, 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. 109 of 2024 on the file of Tenali I Town Police Station, Guntur 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.SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Station House Officer Tenali I Town Police Station Tenali, Guntur District. 2. One CC to SRI. RAJA REDDY KONETI Advocate [OPUC] 3. Two CCS to the Public Prosecutor High Court of Andhra Pradesh Amaravathi [OUT] 4. THREE CD COPIES at TAC ■»! "I HIGH COURT DATED:18/03/2025 ORDER CRLP No. 2870 OF 2025 ALLOWING THE CRLP PETITION